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REPORT OF THE INDIAN POLICE COMMISSION,

1902 - 03 .

THE HON'BLE SIR ANDREW H. L. FRASER, K.C.S.I.

THE HON’BLE Mr. JUSTICE CANDY, C.S.I.

THE HON’BLE THE MAHARAJA OF DARBHANGA, K.C.I.E.
DIWAN BAHADUR S. SRINIVASA RAGHAVAIYANGAR, C.I.E.
LIEUTENANT-COLONEL J. A. L. MONTGOMERY, C.S.I.

W. M. COLVIN, Esq.

A. C. HANKIN, Esq., C.I.E.

Semtarj):

H. A. STUART, Esq.

SIMLA:

PRINTED AT THE GOVERNMENT CENTRAL PRINTING OFFICE.

TABLE OF CONTENTS.

-*•.-

Paragraph.

Introduction—

Terms of reference . . •

•

• 1

Local committees.

•

• •

Method of inquiry..

•

» *

Tour of the Commission . . • < *

•

• *

Witnesses examined . ..

• *

Conference of Inspector-Generals of Police .

•

• 0

Chapter I._History ok Police organization in India—

The indigenous police system of India

• •

Akbar’s police organization.

• •

Failure of the indigenous system .

• •

Changes introduced by the British ....

• •

Failure of British methods.•

• •

Further remedies tried.

• •

Appointment of an Inspector-General in Bengal . «

• •

Report of Select Committee of 1832 ....

• r •

Action taken in Bengal ......

• •

Reforms in Bombay ..

« •

Reforms in Madras.

0 *

Police Commission of i860.

The present position . . .

• •

Change in the method of recruitment of officers .

• •

zb.

Thagi and Dakaiti Department.

• •

Chapter II.—Popular opinion regarding the Police and their work—

Views of the late Sir John Woodburn ....

•

• •

The corruption and inefficiency of the police

•

* *

Corruption of investigating officers ....

•

.1 .

Their oppressive conduct.

•

■

• •

The causes of these abuses ..•••*

•

• •

Inspectors..

•

• ■

Superintendents ...<•••■

•

General impression

•

• •

Chapter III.— Village Police—

Advantage of securing village co-operation .

3 i

Attitude of the people.

Comparison with England in 1839

Madras . ..

•

Bombay.

Sind.

United Provinces.

Central Provinces..

•

3 8

Berar

•

Punjab , ..

•

Burma..

4 i

Assam..

Bengal.

•

4 ?

Village police should not be under the regular police .

•

Revenue and police duties • >••••

Grouping of villages » • • • • • ■

•

Paragraph.

Control of headmen.47

Village watchmen ..48

Remuneration, etc., of village watchmen.. . 49

Improvements recommended.50

Enlargement of headman's powers ...51

Chapter IV.—Regular Police : Organization, Training, Pay and Discipline—

Selection of officers. 52

Constables: their duties ..• • 53

Enlistment and qualifications of constables ..54

Training of constables.■ • • • 55

Pay of constables .. 56

Head constables. 57

Sub-Inspectors: their recruitment.. . -58

Training of Sub-Inspectors. 59

Pay of Sub-Inspectors . .60

Inspectors: their duties.61

Pay of Inspectors ...62

Superior officers.63

Recruitment and training of European officers.64

Pay of European officers.. . 65

Recruitment and training of Native officers ...... 66

Native Superintendents .......... 67

Pay of Native officers.68

Dissent of the Maharaja of Darbhanga.69

Deputy Inspectors-General .

Inspector-General ....

Armed police.

The Bengal system ....

Recommendations regarding armed police
Division of force into armed and unarmed b
Mobilization of armed police
Military police
Mounted police .

Ordinary reserves
European subordinates
Discipline

Punishment: powers of officers
Appeals ....

Removal of officers of bad reputation
Removal of inefficient officers
Promotion ....

Period of service for pension
Buildings ....

Uniform ....

Uniformity of nomenclature .

A single Police Act for the whole of India
Other reforms.

Chapter V.—Special Police Forces—

Law relating to police in presidency-towns
Subordination of the Commissioner to the Inspector-General

Organization : Superintendents.

Inspectors and Sub-Inspectors . . . . .

European sergeants and constables.

Head constables and constables.

ranches undesirable

82
S3

90
9 *
9 2

lit

Mounted police ....
Criminal Investigation Department
Prosecuting agency
Reserve .

Buildings .

Delay in courts .
Railway police

Connection between railway police and railway administrations

Watch and ward duty..

Co-operation between railway and district police .
Organization, pay and training .

Power of search.

" Shortages ” or missing goods . « . .

River police ..

Municmal and cantonment police

Chapter VI.—The Police in their relations to Magistrates
Commissioners—

The relations of Commissioners and District Magistrates to the Poll

of 1861.

The Madras Act..

The Bombay Act . .... I ... .

The Commissioner in Bombay.

The Commissioner in Sind ........

The Commissioner in other provinces ......

The District Magistrate.

Undue interference . . . . . . , . .

The subordination of the police to the District Magistrate ,

The police and Magistrates generally.

Attitude of the Courts.

Strictures on the police.

Criticism of judicial work.

Dissent of the Maharaja of Darbhanga.

The Maharaja's alternative schemes .....

Chapter VII.—The Prevention of Crime—

Importance of preventive work.

The law relating to habitual criminals ..... .

Proof of previous convictions at any time before release
Tribunals for trial of old offenders .....

The Finger Impression system .......

Security for good behaviour ........

Police supervision ..

Criminal tribes and gangs . ..

Criminal gangs from Native States . . . .

Police surveillance.. . .

Beat duties.

Communication of information ‘.

Road patrols ..

Beats in towns ..

Lighting of towns ..

Receivers ..

Cattle-thieves.

Special constables and additional police . . .

Reform of criminals..

^Chapter VIII.— Reporting and Investigation of Offences—

Duty of reporting offences .

Record of information . . . , . . .

Paragraphs

Investigation on the spot . .. .

Optional investigation.* 5 2

Cognizable offences • • • * 1 53

Nuisance cases.. • • • • • • 1 54

Arrest without warrant.* • • • 1 55

Bail by the police. 156

Conduct of investigations..

Arrest of accused.* 5 ®

Close of investigation . . . .. *59

Case Diary.

Abuses. I ^ 1

Nazar kaid, or informal arrest.

Confessions. *®3

Section 161, Criminal Procedure Code. *®4

Supervision of investigations. 1 ®5

Provincial Criminal Investigation Department ..

Imperial Criminal Investigation Department.

Its functions in respect of information . . . • • • .168

Its functions in respect of investigation. ,6 9

Responsibility of local officers.* 7 °

Frank and cordial co-operation . . •. 1 7 1

Difference of opinion . . * *.* 7 2

Relations with Native States . • • • • • • • • *73

Interchange of views.. 174

Chapter IX.—Prosecution of Offenders—

Defects in the prosecuting staff ..

Necessity for an efficient staff . • • • • • • .176

Remedies proposed. .

Prosecuting staff proposed . • . • • • • • .178

Attendence of investigating officers..

Tender of pardon to accomplice. 180

Remands ;'i.

Chapter X.-^Police Statistics and Records—

Statistical tests of police work . 182

Statistical inspection of police stations . .. i8 3

Statistics required for the annual reports. l8 4

Police records. 1

Superintendents to be relieved of account work . • , • • • .186

Police manuals . . ■ • • • • • ' ’ * .187

Clerical establishment.

Chapter XI.—Strength and Cost of the Police—

Estimates of strength only approximate. i8 9

Administrative officers.‘ * ’ ‘ I ®°

Superintendents and Assistant and Deputy Superintendents . . .191

The block of promotion in Burma.* 9 2

Inspectors *93

Sub-Inspectors..

Head constables .. .

Constables . ...

Method of grading. . 1 97

Estimate of increased expenditure.* 9 8

Increase of expenditure will be gradual. *99

Chapter XII.—Summary of Recommendations—

Conclusion 201

Note of Dissent by the Maiharaja of Darbhanga.

REPORT

THE INDIAN POLICE COMMISSION.

INTRODUCTION.

I. In conformity with the instructions contained in the Resolution of the Gov¬
ernment of India of the 9th July 1902* the Commission have instituted careful
inquiries into the matters referred to them, and they now beg to submit their
report.

2. The terms of the reference were as

Terms of reference. follow •

(i) whether the organization, training, strength, and pay of the different

ranks of the district police, both superior and subordinate, foot
and mounted, whether on ordinary duty or in the reserve, are
adequate to secure the preservation of the public peace and the
proper investigation and detection of crime, and, if not, what
changes are required in them, respectively, in each province with
regard to its local conditions, in order to attain these objects ;

(ii) whether existing arrangements secure that crime is fully reported or

require to be supplemented in any way ; and, in particular, whether
the village officers and the rural police in each province are effi¬
cient aids to the district police in the matter of reporting crime, and,
if not, how the relations between the former and the latter can
(subject to the condition that the rural police in each province must
not be enrolled under the Police Act) be improved ;

(iii) whether the system of investigating offences now in force in each

province, the object being to provide for the full investigation of
all serious crime, while avoiding interference by the police in trivial
matters, is capable of improvement, and, if so, in what manner ;
and whether the institution of fully organized Criminal Investiga¬
tion Departments, either Imperial or Provincial, is recommended;

(iv) whether the form of statistical returns now adopted is satisfactory or

capable of improvement, and whether the use to which such returns
are now put as tests of police working is appropriate or not;

(v) whether the general supervision exercised by the Magistracy over the

police, and the control of the superior officers (including Inspectors)
over the investigation of crime are adequate to prevent oppression
on the part of the subordinate police; and, if not, how they can be
made so;

(Vi) whether the existing organization of the railway police, its operation
as between provinces and states, and its connection with the

* Appendix I.

district police are in a satisfactory condition, and, if not, what im¬
provements can be effected; and

(vii) whether the career at present offered to natives in the police in each
province is sufficiently attractive to induce the proper stamp of
men to enter it; and, if not, what steps can be taken to remedy
this evil consistently with the recognized measure of necessity for
European control in the district charges.

3. As a preliminary to the inquiries of the Commission each Local Government

and Administration except Bengal was

Local committees. ,. , . . . .

directed to appoint a committee consisting
of a Sessions Judge, a District Magistrate and a Superintendent of Police in the
larger provinces, and elsewhere of a District Magistrate and a Superintendent of
Police, to proceed to such districts as are most important from the point of view
of police administration and make a local inquiry into the matters set out in the
order of reference. These committees made no formal record of evidence, but
each drew up a statement of the existing organization of the police, the defects
which had been brought to notice and the remedies that had been suggested.
These summaries were communicated to the Commission together with the views
of the various Local Governments and Administrations ; they were for the most
part of great value; and they enabled the Commission to complete in one cold
season an inquiry which would otherwise have been either more prolonged or less
complete.

4. The President and all the members, with the exception of the Honourable

the Maharaja of Darbhanga, who arrived

Method of inquiry. . , , , . _ ,

a lew days later, and Diwan Bahadur

Srinivasa Raghavaiyangar, who joined the Commission at Calcutta, had assembled
at Simla by the 15th October 1902. A decision was at once arrived at regarding
the general lines of inquiry and the method of procedure, which were briefly as
follows. For each province a set of questions was framed after consideration
of the repor^of the lodal committee and the views of the Local Government, and
including a request for any suggestions not covered by the questions as framed.
Copies of these questions were issued to witnesses designated by the Local
Government and to a few persons whose names were suggested by members of
the Commission. At the same time a notice was published in the English and
vernacular newspapers of the province, giving particulars of the dates and
places at which the Commission would hold public sittings and inviting any
person who wished to furnish evidence to apply either to the Secretary to
the Commission or to the Local Government for a copy of the questions
framed for the province and forward his answers to the Commission by a certain
date. The object of this invitation was to enable persons not selected as wit*
nesses by the Government to come forward and state their views. Many such
persons availed themselves of this opportunity, and this was especially the case
in Bengal. All replies were examined by the Commission, who then selected for
oral examination those witnesses whom it was desirable to examine in elucida¬
tion or extension of the evidence given in their written replies.

5. Before the close of the year 1502 the Commission visited Assam, Bengal

and the United Provinces, in the order

Tour of the Commission. , . t ,

named. In January 1903 they went to
the Central Provinces, and then in turn to Burma, Madras, Hyderabad, Bombay

(including Sind), the Punjab and the North-West Frontier Province. The Com¬
mission did not visit Beluchistan, as they were informed by the Agent to the
Governor General that it was unnecessary for them to do so; nor did he send
them any * case ’ for the police force of that province. The Maharaja of Dar-
bhanga was unable to visit Burma or Sind, and he was unavoidably prevented
from attending some of the sittings held in other provinces.

The Commission visited the four police training-schools at Bhagalpur,
Moradabad, Vellore and Phillour, where they saw the students at work and
heard lectures given. They also visited a number of police stations and
offices.

6. The total number of public sittings for the examination of witnesses was

50. Replies to questions were received from

Witnesses examined. . , ,,

003 persons, and 244 01 these were examin¬
ed orally. Oral evidence was also taken from 35 gentlemen who had not submit¬
ted replies to the questions. The total number of witnesses examined orally
was thus 279.*

7. On the conclusion of their tour the Commission proceeded to Simla for the

preparation of their report. With the per-

Conference of Inspectors-General of Police. q{ ^ Govemment q{ a Con¬

ference of Inspectors-General of Police was then assembled there to consider
certain questions relating to procedure, discipline and statistics which were
referred to them by the Commission, and to workout estimates of the financial
effect of the changes which the Commission had decided to recommend. The
Commission desire to acknowledge the valuable assistance afforded to them by
these officers.

For particulars, see Appendix II.

CHAPTER I.

History of Police Organization in India.

8. The indigenous system of police in India was very similar to that of Saxon?

„.. .. , . T England : both were organized on the

The indigenous police system of India. ® 25

basis of land tenure, and just as the Thane
in the time of King Alfred was required to produce the offender or to satisfy the
claim, so in India the zamindar was bound to apprehend all disturbers of the
public peace and to restore the stolen property or make good its value. Under
the large zamindars were a number of subordinate tenure-holders, all of whom
were required in their degree to perform police duties and to bear for the areas
of their charges the responsibilities which rested upon the zamindar for the
whole estate ; and, finally, there was, as a rule, the joint responsibility of the
villagers, which could only be transferred if they succeeded in tracking the
offender to the limits of another village. This village responsibility was enforced
through the headman, who was always assisted by one or more village watchmen.
These latter were the real executive police of the country. Although there was,
as a rule, only one watchman for the village, he was, when necessity arose, assisted
by all the male members of his family, by the other village servants, and in some
cases by the whole village community. His duties were to keep watch at night,
find out all arrivals and departures, observe all strangers, and report all sus-
picious persons to the headman. He was required to note the character of each
man in the village, and if a theft were committed within the village bounds, it
was his business to detect the thieves. If he failed to recover the stolen
property, he was obliged to make up the amount of the value of it so far as his
means permitted, and the remainder was levied on the whole village. “ The exac¬
tion of this indemnity,” wrote Mountstuart Elphinstone, “ is evidently unjust,
since the village might neither be able to prevent the theft, nor to make up the
loss, and it was only in particular cases that it was insisted on to its full extent;
but some fine whs generally levied, and neglect or connivance was punished by
transferring the inam of the patel or watchman to his nearest relation, by fine, by
imprisonment in irons, or by severe corporal punishment. This responsibility
was necessary, as besides the usual temptation to neglect, the watchman is often
himself a thief, and the patel disposed to harbour thieves, with a view to share
their profits.”* To ensure greater protection than the village police were able to
afford, payments were often made to the leaders of plundering tribes to induce
them to prevent depredations by their followers, a system which obtains to this
day in many parts of the peninsula. In large towns the administration of the police
was entrusted to an officer called the “ kotwal,” who was usually paid a large
salary, from which he was required to defray the expenses of a considerable
establishment of police. In Poona, for example, the kotwal received Rs. 9,000
a month, but he had to maintain a very large establishment of peons, some
horse patrols, and a considerable number of Ramosis, while he was also answerable
for the value of property stolen. His appointment, however, was considered, a
lucrative one, as the pay of his establishment was very low, and both he
and his subordinates supplemented their salaries by unauthorised exactions
from the inhabitants.

• East India Judicial Selections, Volume IV, page 176.

9- The following extract from the edict framed by Abul Fazul, Minister of
...... . . the Emperor Akbar, shows that the Mogul

Akbar s police organization. &

system of police followed closely on the
lines of that indigenous to the country. The system of mutual security is almost
identical with that which existed in England in Anglo-Saxon times and was
continued by the Normans:—

* The kotwals of cities, kusbahs, towns and villages, in conjunction with the royal
clerks, shall prepare a register of the houses and buildings of the same, which registers
shall include a particular description of the inhabitants of each habitation. One house shall
become security for another; so that they shall all be reciprocally pledged and bound each
for the other. They shall be divided into districts, each having a chief or prefect, to whose
superintendence the district shall be subject. Secret intelligencers or spies shall be
appointed to each district, who shall keep a journal of local occurrences, arrivals and
departures, happening either by day or night. When any theft, fire or other misfortune
may happen, the neighbours shall render immediate assistance ; especially the prefect and
public informers, who, failing to attend on such occasions, unless unavoidably prevented,
shall be held responsible for the omission. No person shall be permitted to travel beyond,
or to arrive within, the limits of the district, without the knowledge of the prefect, the
neighbours or public informers. Those who cannot provide security shall reside in a
separate place of abode, to be allotted to them by the prefect of the district and the public
informers. * * * * * * %

A certain number of persons in each district shall be appointed to patrol by night the
several streets and environs of the several cities, towns, villages, etc., taking care that no
strangers infest them, and especially exerting themselves to discover, pursue and apprehend
robbers, thieves, cut-purses, etc. If any articles be stolen or plundered, the police must
restore the articles, produce the criminal, or, failing to do so, become responsible for the
equivalent.”

io. The system described above was no doubt well suited to the needs of a

Failure of the indigenous system. simple, homogeneous, agricultural com¬

munity ; but however effectual it may
have once been, it could not support the strain of political disorder and the relax¬
ation of control from above. Extortion and oppression flourished unchecked
through all gradations of the officials responsible for the maintenance of peace
and order. Both village watchmen and the heads of villages, and even the
higher officials, connived at crime and harboured offenders in return for a share
of the booty. Their liability to restore the stolen property or make good its
value was disregarded ; or if this obligation was enforced, neither the property
nor its value was restored to the owner. Fines were imposed when a more
severe punishment was called for j and offenders who were possessed of
any property could always purchase their liberty. “ A very large proportion
of the taliaris,” wrote Sir Thomas Munro, “are themselves thieves: all
the kavalgars are either themselves robbers or employ them, and many of them
are murderers; and though they are now afraid to act openly, there is no doubt
that many of them still secretly follow their former practices. Many potails and
kurnams also harbour thieves. * * Many offenders are taken,

but great numbers also escape, for connivance must be expected among the
kavalgars and taliaris, who are themselves thieves ; and the inhabitants are often
backward in giving information from the fear of assassination, which was formerly
very common, and sometimes happens on such occasions. * * *

Where crimes have long been encouraged by the weakness of Government, by
* the sale of pardons, and by connivance wherever persons of rank were con¬
cerned, no reformation can be looked for but from the operation of time and the
certainty of punishment.”

11. This was the state of things which the British found in existence on their

assumption of the older provinces of the

Changes introduced by the British. . rp, v j , . , , v

empire. The remedies adopted by them
differed somewhat in different provinces, but the general lines of reform in all
were to retain the village,system and to improve the machinery for supervision.
The first step in this direction was to relieve the zamindars of their liability
for police service, which was commuted for a payment of enhanced revenue.

It was found that instead of protecting the inhabitants of their estates, these
landowners had grossly abused the authority entrusted to them for that purpose.

“ They extorted and amassed wealth, which was dissipated in a jealous rivalry
of magnificent pageantry. The weapons which were intended for the enemies
only of the State were turned against the State itself, and against each
other, and were used for plans of personal aggrandisement, mutual revenge or
public plunder. It was sometimes with difficulty that the regular or stand¬
ing army of the State could restrain the insolence, or subdue the insubordination r
of these intestine rebels and robbers.”* Their place was accordingly taken by
the Magistrates of districts, who had under them for police purposes a staff of
darogas, with subordinate officers and a body of peons. The charge of a
daroga was on an average about 20 miles square ; he had immediately under him
from 20 to 50 armed burkundazes, and all the watchmen of the village establish¬
ments were subject to his orders. He received a reward of Rs. 10 for every
dacoit apprehended and convicted, and he was granted 10 per cent, of the value
of all stolen property recovered, provided the. thief was convicted. In cities the
office of kotwal was continued, and a daroga was appointed for each ward of the
city. At a later period special regulations were made for the police of cities,
the cost being levied from the inhabitants by an assessment on each house and
shop. Considerable reforms were also effected in the administration of criminal
justice and a more mild and rational system of trial and punishment was sub¬
stituted for the cruel and partial methods of the Native Governments.

12. The results of these reforms, however, were far from satisfactory. There

was a marked increase of crime every-

Failure of British methods. . . . J

where: robberies and murders, accompanied
by the most atrocious and deliberate cruelties, were of frequent occurrence ; gangs
of dacoits roamed unchecked about the country; and, in the expressive native
phrase, “ the people did not sleep in tranquillity.” The causes were not difficult
of discovery. The police establishments were inadequate for the prevention of
crime now that the gratuitous assistance which was formerly required from
numerous classes and castes was no longer insisted upon; a much higher degree
of proof was required by our Courts, and the criminal soon learnt how difficult
it was to secure his conviction ; a limited term of imprisonment was substituted,
in the case of offences other than murder, for the punishments of death, often
in a cruel form, mutilation or indefinite or perpetual confinement which were
formerly in force, and were often, in the case of serious crime such as dacoity,
inflicted on the spot without any form of trial; finally, if he were convicted and sent
to jail, the criminal knew that he would be comparatively well treated and no
longer be compelled by torture to restore the stolen property. “ Though the
natives put up with petty disorders,” said Mountstuart Elphinstone, “they
checked great ones with a rough hand and gave themselves no concern about. •
the attendant evils ; if robberies were committed, they seized all the suspicious

* East India Judicial Selections, Volume I, page 154.

characters in the neighbourhood, and if they succeeded in restoring quiet they
did not care though a hundred Ramoosees suffered imprisonment or torture with¬
out a fault. Such a course would not be thought of under our Government;
but we must consider how much our abstaining from such tyranny must weaken
us and must provide a remedy in some more suitable shape.”

13. Lord Wellesley began to institute inquiries into the causes of the failure
. , to preserve peace and order in Bengal so

Further remedies trjed. r 1 . . 0

early as 1801 ; in Madras a committee of
police was appointed with the same object by Lord William Bentinck in 1806;
and in 18x3 the Court of Directors appointed a special Committee of their own
body to institute an inquiry into the administration of justice and police in the
Company’s territories in India. In 1814 the Court issued orders on the subject.
They condemned the establishments of darogas and their subordinates, and
they insisted strongly upon the maintenance of the village police as forming in
every village the best security of internal peace. They pointed out that the village
police secures the aid and co-operation of the people at large in the support and
furtherance of its operations, because it is organised in a mode which adapts
itself to their customs; that any system for the general management of the police
of the country which is not built on that foundation must be radically defective
and inadequate ; and that the preservation of social order and tranquillity never can
be effected by the feeble operations of a few darogas and peons stationed through
an extensive country, wanting in local influence and connection with the people,
insufficiently remunerated to induce respectable men to accept the office, placed
beyond the sight and control of the Magistrate and surrounded with various temp¬
tations to betray their trust. The Court, therefore, directed that measures should
be taken to re-establish the village police,''•'agreeably to the usage of the country,
and that where it was in a neglected condition it should be restored to its former
efficiency. The Court anticipated from "this measure a reduction of the greater
part of the daroga establishment and also of the police corps then maintained.
They were opposed to investing zamindars generally with police powers, as that
measure had been tried and had failed in Bengal, bqt they agreed to such
authority being given in particular cases of approved respectability and willing¬
ness to co-operate in promoting the views of Government. The Court finally
directed that the duties of Magistrate and the control of the police should be
transferred from the Zilla Judge to the Collector. Sir Thomas Munro and Mr.
Stratton were appointed Commissioners to carry out these instructions in Madras,
and on their recommendation Madras Regulation XI of 1816 was passed for
the purpose of establishing a general police system throughout the presidency.
The system which was then introduced was thus described by Sir Thomas
Munro: “ We have now in most places reverted to the old police of the country,

executed by village watchmen, mostly hereditary, under the direction of the
heads of the villages, tahsildars of districts and the Collector and Magistrate
of the province. The establishments of the tahsildars are employed without
distinction either in police or revenue duties, as the occasion requires.”

In Bombay effect was given to the views of the Court of Directors by
Regulation XII of 1827, which established a system of police “ founded chiefly on
the ancient usages of the country,” and similar in all essential particulars to
that adopted in Madras. At the head of the police was the Collector and Mag-
* istrate, aided by his Assistants ; next came the mamlatdar or tahsildar, whose
establishment of peons was used indifferently for revenue and police purposes ;

and below the mamlatdar was the patel or village officer, who was authorised to
employ on police duties all the revenue servants of the village. The head-quarters
station and a certain area around it were at first placed, for police purposes, under
the Criminal Judge, but this arrangement was soon abandoned as unworkable.
The general superintendence of both criminal justice and police was vested in
the Court of Sudder Faujdari Adawlut.

In Bengal, owing mainly to the permanent settlement and the consequent
absence of the subordinate revenue establishments found in Madras and Bombay,
it was impossible to abolish the daroga and his men, but some attempt had been
made in 1811 to curtail his powers for evil by removing from his cognizance all
complaints of petty offences, as well as of bailable offences, such as forgery,
adultery and the like.

14, That this measure produced little improvement will be shown later, but

meanwhile it is necessary to notice an im-

Appointment o£ an Inspector-General in Bengal. ^ ^ ^ ^ k

the first attempt to introduce special and expert control. This was the appoint¬
ment of a Superintendent—or, as he would now be called, an Inspector-
General—of Police for the Divisions of Calcutta, Dacca and Murshidabad.
This office was constituted for the purpose of concentrating information
obtainable from different parts of the country, with a-view to more extensive
and concerted operations for securing the peace, and especially for the dis¬
covery and seizure of gangs of dacoits. The Superintendent, who himself
held the office of Magistrate of the 24-Pergunnahs, was given what may be
described as a superior concurrent criminal jurisdiction with the several District
and City Magistrates, and was directly subject to the authority of the Nizamut
Adawlut. He had the power to grant pardons and he worked largely with the
aid of informers and spies (goyendas), thus foreshadowing the methods used so
successfully at a later period by Colonel Sleeman in his campaign against the
crime of thagi^ The results obtained by the Superintendent of Police, especially
in the suppression of dacoity, were so satisfactory that in 1810 the system
was extended to the Divisions of Patna, Benares and Bareilly, the first being
placed under the existing Superintendent and an additional Superintendent
being appointed for the other two. The system of working with informers was,
however, warmly attacked, and as warmly defended. A number of goyendas
were found guilty of having themselves committed dacoities with the connivance
of the police, but it was maintained that the risk of such incidents was far out¬
weighed by the benefits conferred by the system, under which dacoity had been
completely stamped out in some districts and greatly reduced in all.

In 1829 Divisional Commissioners, or Commissioners of Revenue and Circuit,
as they were called, were first appointed, and the office of Superintendent of
Police was then abolished, partly because its retention would have involved a dual
control over the Magistrate, but mainly on the ground of expense. The office
of Magistrate was at the same time transferred from the Judge to the Collector,
and the Collector-Magistrate became the head of the police, while the functions
of Superintendent were performed for each Division by the Commissioner.
These changes were followed by a deterioration in the state of the police and
an increase of crime, especially dacoity.

15. The Select Committee appointed in 1832 to report on the affairs of the
„ , _ East India Company collected much valu-

Report of Select Committee of 1832. . , . . . ,

able information on the subject of the police
administration. The subordinates were shown to be corrupt, inefficient and
oppressive, while the superior officers, owing to the multiplicity of their duties,
were unable to exercise an adequate supervision. Four years later, after the
renewal of their Charter, the Court of Directors drew attention to the improve¬
ments called for in the police, and expressed a desire that “ no financial considera¬
tions should be allowed to stand in the way of a change so urgently required.”

16. No immediate action was, however, taken anywhere except in Bengal,

where a committee was appointed for the

Action taken in Bengal. r j • 1 j. .,

purpose of drawing up a plan for the
more efficient organization of the mofussil police. In their report, submitted
in 1838, the committee expressed a general concurrence in the view that the
transfer of the superintendence of the police to the Commissioners had resulted
in a want of uniformity in its direction and management, since each
Commissioner treated general questions according to his individual views;
and that without uniformity or control no real improvement could be
effected—a conclusion which is of interest in connection with developments
in police administration that took place at a later date in Bombay and
continue to the present time. No definite recommendation was made on
this subject; but Mr. (afterwards Sir Frederick) Halliday, in a Minute of
Dissent, proposed, among other sweeping reforms, that the whole force should
be placed under the control of a Superintendent General, with four covenanted
officers as Deputies, and a Superintendent and an Assistant Superintendent for
each district—a scheme of organization which was introduced almost in its
entirety some 25 years later. Nothing, however, was done at the time, and it
was in Bombay, ten years later, that the first steps were taken along the path
of reform.

17. After the annexation of Sind in 1843, one of the first measures undertaken

by Sir Charles Napter was the organization
Reforms m Bombay. 0 f a re g U l ar police force. Napier took

as his model the Irish Constabulary, as the circumstances of the newly-conquered
province required a semi-military rather than a purely civil force. The most
important feature, however, in which the new force differed from the police of the
rest of the country was in its being a separate and self-contained organization, its
officers having no other functions to perform. This characteristic of the system
attracted the attention of Sir George Clerk, the Governor of Bombay, who visited
Sind in 1847. He attributed the unsatisfactory condition of the Bombay police
to inefficiency in its superintendence, and he was quick to see that the Sind
method of organization provided a remedy for this defect. In 1853, therefore,
the Bombay police was remodelled, the leading features of the reform being the
appointment to every district of a Superintendent, who, while generally subor¬
dinate to the Magistrate, had exclusive control over the police ; the appointment
to every tahsil of a native police officer, holding to the mamlatdar (tahsildar) the
same relations as those between the Superintendent and the Magistrate ; and the
transfer of the supreme control over the police from the Court of Faujdari Adawlut
to the Government. This last was the weak point in what was otherwise an excel¬
lent scheme, for the Government control devolved upon the Judicial Secretary,
*an arrangement which proved unsatisfactory and was abandoned in 1855, when

the administration of the police was transferred to a Commissioner of Police, who-
was also Inspector of Prisons.

Reforms in Madras.

18. Madras was the next province to adopt the new police. The Torture

Commission of 1855 had brought to light
great abuses in the working of the police in
that presidency. One of the witnesses before the Commission stated that the
police was a terror to well-disposed and peaceable people, none whatever to thieves
and rogues; and that if it was abolished in toto the saving of expense to Govern¬
ment would be great and property would be not a whit less secure than it then was..
Another witness deposed that the police establishment had become the bane and
pest of society, the terror of the community and the origin of half the misery and
discontent that existed among the subjects of Government. The Commission
recommended the separation of revenue and police functions and the placing of
the police establishments under independent European officers, who would be
able to give their undivided time and energies exclusively to the control of the
force. The Madras Government accepted these views and recommended the
appointment of a Superintendent of Police for each district, adding that it would
probably be found necessary eventually to have two Superintendents in some of
the larger districts, an anticipation that has undoubtedly been verified by subse¬
quent experience. They also strongly advocated the appointment of a Commis¬
sioner of Police for the whole presidency, as the success of the scheme would
largely depend upon the whole force being efficiently supervised by some central
controlling authority. These proposals were accepted by the Court of Directors,
and a Bill was drafted by Mr. J. D. Mayne to give effect to them. It had been
the original intention of the Government of Lord Harris to deprive the Magis¬
trate of all executive control over the police, but before the Bill was passed Sir
Charles Trevelyan had become Governor of Madras, and it was decided that the
Superintendent should be placed under the orders of the District Magistrate.
The Bill was modified accordingly and was passed into law as Act XXIV of
1859 -

Police Commission of i860.

19. On £he annexation of the Punjab in 1849 a police force was organized

somewhat on the lines of the Sind police.
It consisted of two branches—a military
preventive police and a civil detective police. During the time of the Mutiny
this force contributed greatly to the restoration and preservation of order; and
comparatively large bodies of military police were raised in the other provinces
of Bengal, while the Punjab force was largely increased. The heavy expenditure
involved proved a serious financial burden, and in i860 the Government of India
urged on the Government of the Punjab the necessity for a general reorganization
of the police and a reduction of the cost. The question was accordingly taken
up by Sir Robert Montgomery, who had in the previous year carried out the
reform of the police of Oudh. The necessity for reform, however, was not
confined to the Punjab, and in August i860 the Government of India appointed
a Commission to inquire into the whole question of police administration in
British India and to submit proposals for increasing the efficiency and reducing
the excessive expenditure.

This Commission recommended the abolition of the military police as a
separate organization, and the constitution of a single homogeneous force of civil
constabulary for the performance of all duties which could not properly h«f

assigned to the military arm. To secure unity of action and identity of system
the general management of the force in each province was to be entrusted to an
Inspector-General. The police in each district were to be under a District Superin¬
tendent, who, in the large districts, would have an Assistant District Superin¬
tendent, both these officers being Europeans. The subordinate force recom¬
mended consisted of Inspectors, head constables, sergeants and constables, the
head constable being in charge of a police station and the Inspector of a group
of stations. No mention is made of any police officer of the rank of Deputy
Inspector-General, but the Commission recommended that Commissioners of
Divisions should cease to be Superintendents of Police, though it was explained
that it was not intended to limit in any way their general control over the
criminal administration, or their authority over District Magistrates. On the
subject of the relations between the Magistracy and the police their conclusions
were that no magistrate of lower grade than the District Magistrate should
exercise any police functions, but that in the case of the District Magistrate it
was inexpedient to deprive the police and the public of his valuable aid and
supervision in the general management of police matters. The Commission sub¬
mitted a Bill, based on the Madras Police Act, to give effect to these recom¬
mendations, and this was passed into law as Act V of 1861.

20. The police forces of the various provinces, with the exception of Bom¬
bay, are still organized on the general lines
The present position. laid down by the Police Commission of

i860 though there has been some divergence therefrom in matters of greater or less
importance. Thus, in all the large provinces, the Inspector-General is assisted
by one or more Deputies. In some instances the Commissioners of Divisions
have been given definite authority in the matter of appointment, discipline and
general control, and for this purpose have been appointed ex-officio Deputy
Inspectors-General. A considerable body of military police has again come into
existence, but the bulk of them are in Burma and Assam, where circumstances
of a special character render their employment necessary. In most provinces,
too, the subordination of the Superintendent to the District Magistrate has been
carried much further than the Commission and the Legislature contemplated.
This has been most noticeable in Bombay, where, by section 13 of the District
Police Act, the District Superintendent and his staff are placed “ under the com¬
mand and control of the Magistrate of the district,” who in turn is " subject to the
lawful orders of the Commissioner.” The office of Inspector-General, or Police
Commissioner, as he was called in that presidency, had been abolished in i860, on
the ground that its existence had produced friction in the administration, and the
duties attached to the post were transferred to the Revenue Commissioners.
This arrangement continued in force until 1881, when Sir James Fergusson, the
then Governor of Bombay, pointed to the laxity of police administration and its
irregular and uncertain action, and urged the necessity for the appointment of
some definite official head of the department. His views, however, were not
accepted by the other members of the Government until 1884, and an Inspector-
General was appointed in the following year. But large powers of direction and
control were still left with the Revenue Commissioners, and the expressed
intentions of the Government of India, that these officers should hold the same
position in regard to police administration as in Bengal, have never been com¬
pletely carried out.

When the new police was first constituted its officers were largely drawn
„ , , , . _ from the commissioned ranks of the Native

Change m the method of recruitment of officers.

Army, but for various reasons this source
of recruitment became gradually closed and police officers were appointed by
nomination pure and simple. This method of selection was condemned by the
Public Service Commission, and since 1893 recruitment in most provinces has
been by competition in England, by competition in India, and by the promotion
of officers already in the public service.

21. No account of the Indian Police would be complete without some
m . ini t reference to the Thagi and Dakaiti Depart-

Thagi and Dakaiti Department. < . . , r

ment, which owes its origin to the deter¬
mination of Lord William Bentinck to suppress the terrible crime of thagi.
Systematic operations for this purpose were commenced in 1830, and Captain
Sleeman was placed in charge of them five years later. His own description of
his method of working is well known, and a very brief notice of it will suffice here.
Guided probably by Mr. Blaquibre’s success in suppressing dacoity by means
of spies and informers (goyendas), which has already been referred to, he
developed that system still further by enlisting the services of convicts who were
willing to give information in return for a pardon. The rapid success of the

operations was remarkable, and in a comparatively short time thagi had ceased
to exist as a systematically organized and widely spread crime. In 1839 the
task of dealing with dacoity was added to the duties of the department. On
the recommendation of the Police Commission of i860 the department was
abolished as a special agency in British territory as soon as the organization
of the police in the several provinces was sufficiently advanced to admit of
it. Since that time operations have been confined to the Native States in
Rajputana and Central India, and to Hyderabad, though an agency existed in
Baroda from 1871 to 1883, The department deals only with organized dacoity
which has ramifications over India. With purely local crime it is not con¬
cerned. At one time it undertook the control of operations for the settle¬
ment and reclamation of criminal tribes, but it now no longer exercises any
control over these. Its staff consists of a General Superintendent, who has
Assistants and subordinate establishments in Rajputana, Central India and
Hyderabad. It acts also to some extent as a central office of criminal intelli¬

gence for the whole of India.

22. In the foregoing paragraphs the history of police organization has been
Conclusion. traced from its foundations in a system of

village and local police and joint respon¬
sibility, through the changes introduced with somewhat disastrous results by the
early British administrators, down to the reforms that were carried out about the
year i860. It will now be considered how far the expectations of the authors
of those reforms have failed of fulfilment; the popular estimation of the police
will be discussed; and the modifications required by changed conditions will
be examined. The system introduced in i860 was, on the whole, a wise and
efficient system. It has failed for these among other reasons : that the extent
to which the village police must co-operate with the regular police has been lost
sight of, and an attempt has almost everywhere been made to do all the police
work through the officers of the department; that the importance of police work
has been under-estimated, and responsible duties have ordinarily been entrusted *
to untrained and ill-educated officers recruited in the lowest ranks from the lower

strata of society; that supervision has been defective owing to the failure to
appoint even the staff contemplated by the law and to increase that staff with
the growing necessities of administration; that the superior officers of the
department have been insufficiently trained and have been allowed from various
causes to get out of acquaintance and sympathy with the people and out of touch
even with their own subordinates; and that their sense of responsibility has been
weakened by a degree of interference never contemplated by the authors of the
system.

CHAPTER II.

Popular opinion regarding the Police and their work.

23. In a letter (No, 5453-J., dated 12th December 1901) from the Gov-

„ ernment of Bengal to the Home Department

Views of the late Sir John Woodburn. ° ....

of the Government of India, it was stated
that “ In no branch of the administration in Bengal is improvement so imperatively
required as in the police. There is no part of our system of government of'which
such universal and bitter complaint is made, and none in which, for the relief of
the people and the reputation of Government, is reform in anything like the
same degree so urgently called for. The evil is essentially in the investigating
staff. It is dishonest and it is tyrannical * * * It is essential for a real

reform that there should be a bold increase in the wages of a staff which
wields so great a power, and in the more careful supervision of their work. This
entails an expenditure which it was impossible to propose in the condition of
Imperial and Provincial finances of recent years. The Lieutenant-Governor has
now welcomed the inquiries of the Government of India, because in his judgment,
without any hesitation whatever, the improvement of the police must, in the
interests of the people and of good government, take precedence of every
other project in Bengal.” The Commission desire, as the result of their inquiries,
emphatically to record their full concurrence in the views of the late Sir John
Woodburn as above expressed. There is no province in India to which these
remarks may not be applied, though there is no other province in which the
necessity for real reform is more urgent than in Bengal. In the provinces in
which superior officers of the Revenue and Police departments are most in touch
with the people, the popular complaint is no doubt less strong; for the evils
referred to have been more held in check by their supervision. But it is in these
provinces, on,.the other, hand, that the official evidence is sometimes of the
strongest; for these evils have there been more fully recognized.

24. Everywhere they went the Commission heard the most bitter complaints

of the corruption of the police. These com-
* plaints were made not by non-ofhcials only,

but also by officials of all classes including Magistrates and police officers, both
European and Native. It was generally admitted that constables possessed very
much the characteristics of the classes from which they are recruited ; and that
corruption was no more an essential characteristic of the constable than of the
revenue peon, the process-server or the forest chaprasi. But the corruption of
the constable is more intolerable because of the greater opportunities of oppres¬
sion and extortion which his police powers afford, because of the intimate connec¬
tion he has with the general life of town and country, and because of the possi¬
bility of his being brought at any time into special relations with the individual.
The police system seems to the Commission to have aggravated the evil both by
under-paying the constable and by assigning to him duties which he is not qualified
to perform. To pay a constable Rs. 6 or even Rs. 7 per mensem, especially when
certain v cleductions are made for uniform, etc., is to offer strong inducement to dis¬
honesty. An increase of pay will not turn a dishonest into an honest official; but*
when pay is so low as this, its increase will at least remove one very strong tempta¬
tion to corruption. It is urgently necessary to remove any excuse for dishonesty

which Government should never allow to exist, by giving to the constable a
living wage and reasonable means of supporting himself and family without
resort to dishonest practices. To this under-paid official duties are often assigned
for which he is not qualified. The strongest complaints are made in the country
regarding the beat system and regarding the permission too frequently given to
constables to investigate cases, and in the towns regarding the powers of constables
in reference to nuisance cases. It is not difficult to see how the performance
of duties such as these by an inadequately paid agency must lead to corruption
and extortion. The evil is still further intensified by the utterly inadequate
training given to constables, and by the general absence of any attention to the
necessity for keeping the temper, being civil and respectful to the public, avoiding
brutality or unnecessary harshness, and seeking by all legitimate means to make
their performance of duty as little distasteful to the people as possible. When
it is considered how much all this is insisted on in England,* it is not difficult to
understand how frequent are the complaints of the high-handed indifference of
police here to the feelings of the people, nor does one wonder at the coarse and
brutal way in which the police often treat crowds or individuals with whom they
have to deal. This is alleged everywhere as a cause of police unpopularity, as a
reason for the people dreading the police and making every effort to avoid having
anything to do with them. These men, too often rough, ill-trained and under¬
paid, are clothed with authority to report on the work of village headmen,
to investigate cases in remote villages, or to arrest respectable citizens for
alleged nuisances in towns. The annoyance and vexation which their practices
of extortion and oppression often inflict on the people have been strongly urged
before the Commission.

25, One of the complaints most pressed in regard to police constables is the

impropriety and unwisdom of giving to men

Corruption of investigating officers. c ] asg ^ p 0werg anc J opportunities

of corruption connected with the conduct of investigation. Wherever it is at
all common for constables (either owing to contentment with this agency or to
paucity of superior officers) to be entrusted with investigation, the condemnation of
this course has been most emphatic. The Commission cannot too strongly express
their concurrence in this condemnation. They regret, however, to have to report
that they have the strongest evidence of the corruption and inefficiency of the

great mass of investigating officers of higher grades. The officer in charge of a

police station may be regarded as the highest class of investigating officer. The
officers superior to him do more or less occasionally conduct or assist in investiga¬
tion ; but in almost every province their work consists mainly of supervision and
inspection. The officer in charge of a police station is, therefore, a most import¬
ant official, because he is practically responsible for the police work of the area
of his charge: he is held responsible that reports and complaints are properly

* The following extract from a County Police Manual may be quoted as an example :

“ The chief constable is most desirous of impressing upon the police how essentially incumbent it is on them,
at all times, to exercise the greatest forbearance, mildness, courtesy, and perfect civility towards all classes of His
Majesty’s subjects, and that under no circumstances, nor upon any occasion, should they allow their feelings to
usurp their discretion, or in the performance of their duties conduct themselves harshly or rudely to any individual ;
for as nothing will tend more to nourish a proper feeling, and elevate the Force in the public estimation than a
• conciliatory, yet firm and decorous demeanour, with a general readiness to render aid or assistance to every member
of the community, so on the other hand an opposite course and manner can only engSnder feelings of hostility, and
bring opprobrium and disrepute on the establishment."

treated, and he is supposed to conduct the most important investigations himself,
and to see that the rest are properly conducted. Everywhere the Commission
find the same opinion prevailing, that the station-house officer is in many respects
the man who has most power for good or evil, and that it is of the utmost
importance to secure for this office efficient and trustworthy men. The complaints
laid before the Commission of the existing state of things have been loud and bitter.
They are much stronger in some provinces or districts than in others. The
differences seem to be mainly due to these causes, that in some provinces or
districts men of a rather better class are attracted to the police, as hardship
does not repel them as it repels men of similar class elsewhere; in some, supervi¬
sion is better, and good supervision produces marvellous results, as a good strong
Superintendent sometimes gives a tone to the whole force under him; and the
circumstances of some afford greater temptation to, and opportunity for, corruption
on the part of the police. But, while admitting that there are different degrees of
corruption in different provinces or districts, and while admitting that there are
exceptionally honest and upright officers of this class, the Commission cannot resist
the strong testimony as to the prevalence of corruption among station-house
officers throughout the country. The forms of this corruption are very numerous.
It manifests itself in every stage of the work of the police station. The police
officer may levy a fee or receive a present for every duty he performs. The com¬
plainant has often to pay a fee for having his complaint recorded. He has to
give the investigating officer a present to secure his prompt and earnest attention
to the case. More money is extorted as the investigation proceeds. When
the officer goes down to the spot to make his investigation, he is a burden
not only to the complainant,’but to his witnesses, and often to the whole village.
People are harassed sometimes by being compelled to hang about the police officer
for days, sometimes by having to accompany him from place to place, sometimes
by attendance at the police station, sometimes by having him and his satellites
quartered on them for days, sometimes by threats of evil consequences to themselves
or their friends (especially to the women of the family) if they do not fall in with
his view of the case, sometimes by invasion of their houses by low-caste people
on the plea of searching for property, sometimes by unnecessarily severe and
degrading measures of restraint. From all this deliverance is often to be bought
only by payment of fees or presents in cash. The station-house officer will
sometimes hush up a case on payment of his terms ; he will receive presents from
parties and their witnesses ; he will levy illicit fees from shopkeepers and others
for services rendered, or to obviate vexatious espionage. He has a specially
rich vein in cases concerning disputes about land, water or crops, and sometimes
in the management of cattle pounds. Both parties are often willing to pay him
well for maintaining neutrality ; or one party will pay well for intervention on his
behalf. The illicit gains in some police stations in Bengal in connection with
chur (or alluvial) lands are almost incredible. It may be incidentally remarked
that the Government of Bengal should endeavour to devise some means for the
summary and prompt settlement of such cases by Revenue Officers, subject
(if necessary) to revision by the Civil Courts, so as to prevent the police from
having anything to do with them.

26. These are instances of the manner in which officers in charge of police
, stations extort money from the people

Their oppressive conduct. » 1 J r r •

Another very serious ground of complaint
against them is the unnecessary severity with which they often discharge their

duties and the unnecessary annoyances which they inflict on the people. The
Commission have received endless narrations of the worries involved in a police
investigation. A body of police comes down to the village and is quartered on
it for several days. The principal residents have to dance attendance on the
police all day long and for days together. Sometimes all the villagers are com¬
pelled to be in attendance, and inquiries degrading in their character are con¬
ducted coram populo. Suspects and innocent persons are bullied and threatened
into giving information they are supposed to possess. The police officer,
owing to want of detective ability or to indolence, directs his efforts to procure
confessions by improper inducement, by threats and by moral pressure. Actual
physical torture is now rarely resorted to; but it is easy, under the conditions of
Indian society and having regard to the character of the people, to exercise
strong pressure and great cruelty without having recourse to such physical viol¬
ence as leaves its traces on the body of the victim. Sometimes suspects, whom
the police officer does not desire to report as under arrest, are kept for days to¬
gether under so-called “ surveillance,” which is nothing else than unauthorized
confinement or restraint, a system which affords serious opportunity for malprac¬
tices. All this is done to secure evidence in support of the view which the police
officer from time to time holds regarding the case. If in his opinion enough of
evidence is not thus obtained to secure a conviction, he will not hesitate to
bolster up his case with false evidence. Sometimes this leads to an innocent
person being prosecuted through police mistakes. More often perhaps it leads to
guilty persons escaping through the suspicion thrown on the police evidence.
Many a good case has been ruined in this way ; but the police officer is unduly
impelled by the statistical test to try to make his investigation end in convic¬
tion. When an investigation fails, the complainant is sometimes finally bullied or
threatened into acknowledging that a mistake has been made, and that the case
is " false.” When it is successful, the accused is often subjected to unneces¬
sary annoyance : the law about bail is overlooked ; the rules limiting the use of
handcuffs are forgotten ; and no serious effort is made to treat the accused with
that consideration as to his food and comfort to which (with due regard to the
interests of justice) he is entitled until he is convicted. What wonder is it that the
people are said to dread the police, and to do all they can to avoid any connection
with a police investigation ? Deliberate association with criminals in their gains,
deliberately false charges against innocent persons on the ground of private spite
or village faction, deliberate torture of suspected persons and other most flagrant
abuses occur occasionally; but they are now rare, and do not affect the opinion
of the public so much as the too common practices which have been referred to
above. These form the burden of the complaints against the police.

27. Some of the causes of these abuses have become very clear in the course

of this inquiry. One is that the investiga-

The causes of these abuses.

tinn nf rasps has been to far too great

extent entrusted to low paid and unqualified officers. As already stated, even
constables have in some provinces been employed in this work. More generally
head constables have been so employed. Some of the latter have been placed
in charge of police stations : others have been too often employed in investiga¬
tion when the officer in charge of the police station has been otherwise engaged.
This has arisen in many cases from the inadequacy of the staff. It has also been
due in great measure to the failure to appreciate the importance of the work of

investigation and the gravity of the evils which may result frbtri entrusting it* to*
an utterly unsuitable agency. Of late years Government has become more alive to
these serious evils, and efforts have been made in some provinces to confine in¬
vestigation work ordinarily to the class of officers generally known as Sub-In¬
spectors. Financial considerations, however, have prevailed to prevent this im¬
provement being carried out to any considerable extent, the police department
is still starved ; and' it will entail enormous expenditure to carry out real reform.
Even where attempts have been made, however, to confine investigation to better
paid officers, the root of the evil has not been reached, inasmuch as (with very
little exception) the rule prevails that the Sub-Inspectors shall be promoted
constables. There is still a large body of opinion among Superintendents of
Police that this rule is a sound one. They sometimes allege that the few inves¬
tigating officers who have been recruited direct are not so good as the men who
have risen from the ranks ; but they forget that these men have been thrust
into their work without any systematic and suitable training. The system of
direct recruitment has not had a fair trial ; and after the full inquiry
they have made and the careful consideration they have given to this subject,
the Commission have no hesitation in pronouncing the rule of promotion from the’
ranks to be utterly unsound. They would not absolutely close the door of promo¬
tion to the higher ranks to men enlisting as constables or head constables ; but
they would strongly recommend that such promotions should be very exceptional,
and that their number should be carefully and rigorously limited. One result of
the present system is that the men of the Sub-Inspector class have brought
with them to their higher office the evil habits and modes of thought which
they had acquired in the constable grade. Another result is that they ordinarily
belong to the lower strata of society and to the uneducated classes. It is true, as
alleged by some witnesses, that constables only reflect in their work the charac¬
teristics to be expected from men in their position in society who have entrusted to
them special powers and opportunities for gain ; but this is not true in the same
way of Sub-Inspectors. Their official position gives them a status in society which
is higher than they are generally fit to occupy. In the higher ranks the police
compare very Unfavourably with most other departments. In other departments,
of the public service strenuous efforts have been made to secure better educated
and more respectable persons for the higher offices; and these efforts are being
crowned with success. In the police department, where the work is perhaps the
most difficult and important in India, Government has been content to have the
higher and more responsible offices filled by men deficient in education, intelli¬
gence and social status. Add to this the fact that provision for training has been
most inadequate; and it seems scarcely necessary to look for further explanation
of the undoubtedly deplorable state of the police. Everywhere the demand of
enlightened opinion is for the reform of the station-house officer. He must be
more intelligent, more respectable, better trained and better supervised. This is
the most urgent need of the police.

28. This leads to the discussion of another cause of the unsatisfactory work

inspectors. °f P°^ ce > that is, the inadequate super-

. . vls - on exercised over them. This super¬

vision has been doubly defective. It has been inefficient as regards the class of
officers known as Inspectors, and it has been weak and inadequate as regards the
Superintendents. As*to the Inspectors, the Commission find that the public do-

not regard them as honest. It is generally admitted that they are less dishonest
than the grades below them. They are selected officers ; and although there is
incontrovertible evidence to show that success rather than honesty has been
the qualification for promotion, yet a man with an absolutely bad reputation
would not often be selected. Besides this, they are better paid and there¬
fore less tempted. As they investigate less, their opportunities are fewer.
They are also nearer the end of their service and have the more regard to their
pension. These are some of the causes that are mentioned as tending to make
Inspectors more honest than the officers subordinate to them. But the fact
remains that the rule has been that these officers also have been promoted from the
ranks. They have too often brought with them to their present position the habits
and ideas of the lower ranks ; and they have also often brought with them that
memory of mean and improper action on their own part which makes it exceed¬
ingly difficult to restrain subordinates acting in the same way under the same
circumstances. They have not generally the respect of their men, nor the neces¬
sary influence over them, even if they were animated by an earnest desire to permit
only that which is right. One of the strongest proofs that the Commission have
received of the corruption of the police is the testimony of respectable parents,
teachers and other gentlemen as to the difficulty experienced by a young man
in accepting one of the direct appointments of Sub-Inspector or Inspector which
are now sometimes offered. He finds himself a member of a corrupt service,
he is surrounded by influences that forbid his acting uprightly. In more than one
province the Commission have had before them teachers who said that they could
not encourage good lads to go into the police service, and parents who confessed
that they had to remove their sons from appointments in it so as to keep them
straight. The evidence in most provinces is that the canker of corruption affects
the force in greater or less degree from constable to Inspector.

29. The prevailing opinion throughout the country is that the Superintend¬
ents of Police are, with the rarest excep.

Superintendents. tions, upright men beyond the influence

of corruption. There is no suspicion that they receive bribes or arp influenced
by any kind of gift. The charges made against them are rather such as these,
that they are often not well educated or intelligent men, that their training is
defective, that their knowledge of the vernacular is not such as to enable them
to have free intercourse with the people and to become acquainted with their
feelings and circumstances, that they are too much in the hands of their sub¬
ordinates, that they are not accessible or even courteous to natives, that their
views are too narrow and their sense of responsibility too weak to allow them
to pay due regard to complaints against their subordinates or strictures on their
work or to take due notice of misconduct, that they are too burdened with
clerical work and too little helped by qualified assistants to be able to exercise
effective supervision and control over the police. These are some of the stric¬
tures made on the superior officers of police. The Commission are of
opinion that there is a great deal of truth in these complaints. The class of
Superintendents found in all provinces is not what it should be : there are some
excellent officers; but sufficient care has certainly not always been taken in
appointing men to this service. The training of officers for the superior service
has been unsystematic and inadequate. The knowledge of vernacular has not
•been rigorously enough insisted on: there are some officers who have a perfect

knowledge of the vernacular of their districts ; but this is everywhere far from being
the rule. Office work has too often been allowed to prevent Superintendents
from going round their districts so as to supervise and control police work and be¬
come acquainted with the people and their views and feelings ; and they have rarely
indeed had adequate assistance provided for them in regard to this part of their
duty. This ignorance of the vernacular, and want of touch with the people gene¬
rally, are the most serious defects among Superintendents. These officers also
are too often inclined to support their subordinates in an unreasonable manner,
and to receive complaints or strictures on police work in a hostile spirit. This
arises in some measure at least from the fact that the relations between the
District Magistrate and the Superintendent have in some provinces been such as
to weaken the sense of responsibility in the latter. It is no doubt also due
in part to the confidential relations which police officers must generally maintain
with one another, and to too little acquaintance with the respectable sections
of native society. This tendency to disregard public opinion is on the other hand
frequently accompanied by a harsh and overbearing manner to subordinates, which
contributes materially to the unpopularity of the service. All this must be admitted
to be indicative of a certain want of intelligence in many officers, which has tended to
form unsatisfactory traditions and opinions in the department on the matter of dis¬
cipline. There is a certain carelessness in regard to departmental inquiries, a lack
of discretion in regard to punishments, and a want of sense of proportion in regard
to details of work, which indicate failure on the part of many Superintendents
intelligently to grasp the nature of their duties or seriously to appreciate their
importance. The Commission, in view of all the evidence before them, attribute
this to the defective systems under which men have been selected for appoint¬
ments in the police. The duties to which they have been appointed are among
the most difficult to perform, and intimately concern the life of the people, yet.
due attention has not been paid to the selection and training of officers. It would
appear in many cases that the duties to be performed were so little understood by
the authority making the appointment, that almost any person was believed to be
qualified for their performance. The system of recruitment which has been in¬
troduced of late years is an improvement on the old system of nomination ; but
even now the Commission consider that a most important element in the reform
of the police must be an improved system of selecting and training Superintendents.
Improvement in the tone of the service and in the attitude of its officers towards
the respectable sections of the community is essential.

30. There are many defects of police administration which it does not seem to be

„ ,. . necessary to discuss here, as they will be

General impression, J # . J

more conveniently discussed in connection
with that part of police work to wffiich they belong. These are such as the unsuit¬
ability of statistical tests, the want of co-operation between provinces and even
between districts, the defective system of surveillance of bad characters, the
inadequate arrangements for the prosecution of cases and other matters which will
be treated in due course. What is aimed at here is rather to give an account of
the reputation of the police force and the feelings of the people towards them.
The Commission have the strongest evidence that the police force is, as a whole,
regarded as far from efficient and is stigmatized as corrupt and oppressive. There
is no doubt exaggeration in the picture presented by some of the witnesses.
The evil that men do is more marked than the quiet discharge of duty; and*

there is more inclination to speak of the evil than of the good. It is generally
admitted that the majority of the accused sent up by the police are guilty, and
that under most circumstances the desire of the police is to find the guilty person,
though they are too prone, sometimes without due regard to the character of the
evidence, to make out a case of guilt against suspects. It is significant that a
proposal to remove a police-station from any neighbourhood is generally opposed by
the people: they know that, on the whole, the police are for their protection. It is
also generally admitted that the improvement in communications and enlightenment
has led to improvement in the police in most parts of India, though this has not by
any means kept pace with the improvement in other departments. It is also clear that
the lamentable picture of police inefficiency and corruption drawn by witness after
witness is not a picture of universal experience. There are honest and efficient
police officers of all grades, though they are represented as being very exceptional
in the lower grades. There are also some Superintendents who have, by their energy
and capacity, so far overcome the defects of system and of the material at their
disposal as in great measure to mitigate and restrain the evils which naturally
result from these defects. Similarly, the fact that the District Magistrate and his
subordinates in their revenue and other work are in some provinces brought into
the closest contact with the people, accessible to them and well-acquainted with
them, has tended greatly to prevent abuse in the police as well as in other depart¬
ments. Neither do the Commission forget that much may be said in excuse for
the misconduct of the police in the generally indifferent attitude of the people in
respect of crime, in the encouragement of corruption by the readiness with which
the people offer illegal gratifications, and in the low pay and poor prospects of the
police service. But honourable exceptions and mitigating circumstances cannot
efface the general impression created by the evidence recorded. There can be no
doubt that the police force throughout the country is in a most unsatisfactory
condition, that abuses are common everywhere, that this involves great injury to
the people and discredit to the Government, and that radical reforms are urgently
necessary. These reforms will cost much ; because the department has hitherto
been starved; but they must be effected.

CHAPTER III.

Village Police,

31. The Commission are strongly convinced of the impossibility of carrying

on an efficient police administration by

Advantage of securing village co-operation. . „ . . , _

means of official policemen only. It is
absolutely essential to secure the aid of the village community. This is neces¬
sary from the purely Government point of view : it is impossible to support the
expense of a force which would be adequate to obtain information regarding
crime over the extensive area and among the vast population of India, without
securing the co-operation and enforcing the responsibility of the village author¬
ities. It is necessary also from the people’s point of view: even if the expensive
establishment required could be maintained, it would be vexatious and intolerable
to the people. Constant interference by the police, constant espionage on village
life, constant visits of officials of the lowest grades, constitute an intolerable
burden and vexation to the people. It is immeasurably better to utilise and
develop the village agency for reporting crime, to leave the people, as far as
possible, to dispose of petty matters for themselves, and to limit interference to
villages where there has been failure in the discharge of responsibility in respect
of reporting, or to cases in which the matter is serious enough to demand
interference.

32. As a matter of fact, the assistance rendered by the people in police ad¬
ministration is generally said to be valu-

Attitude of the people, . , . , , ,, . . ,

able, i here is undoubtedly evidence that
the people are not as a rule inclined to aid the police in investigations, and that
the reporting of crime is not wholly satisfactory. But in respect of reporting of
crime, the evidence is general, that it is ordinarily petty offences that are not re¬
ported. Sometimes it happens that the persons responsible for reporting are
interested in suppressing the report and are consequently willing to run the risk
of punishment for not reporting ; but ordinarily serious offences are duly reported.
As to the attitude of the people in regard to investigation of offences and the
detection of offenders, there can be no doubt that it differs widely from the
attitude of the people of England. The people of India are not generally
actively on the side of law and order ; unless they are sufferers from the offence,
their attitude is generally at the very best one of silent neutrality; they are not in¬
clined actively to assist the officers of the law. But, on the one hand, it must be
remembered that the conception of public interest and public duty has not
been nearly so fully developed in India as in England. On the other hand, it
must be remembered that a police investigation always must entail some measure
of worry and annoyance, that the prosecution of cases involves interruption of
village work and of easy village life and often also very considerable trouble and
expense, and that these inducements to silence and neutrality have been greatly
strengthened by the defective character of police and magisterial work.

Comparison with England in 1839.

33. If areference be made to the “ Report of.the English Constabulary Force

Commissioners,” presented to Parliament
in 1839, it will be seen how necessity
for “ throwing away good money after bad ” in prosecuting, “ the trouble and
expense which are susfained in pursuing and apprehending felons, ” and the fact
that “ the expense, trouble and loss of time, in cases of misdemeanours, are

2 3

frequently more mischievous than some felonies, ” are assigned as “ the motives
to withhold information or abstain from prosecution ” and the causes of the
failure to secure “ the general support of the community ” in police work. The
perusal of that report inspires the Commission with hope that, if police
reform in England, initiated by Sir Robert Peel, has converted the state
of things described therein as existing sixty years ago into the state of
things now existing in that country, earnest efforts to reform the police of India
may in due time produce incalculable benefit. Meanwhile, however, it is sufficient
to remark that, despite the evidence regarding the occasional non-reporting of
offences of a serious character and the more general failure to report petty
offences, and of the want of the cordial co-operation of the people in police
work, which is largely due to such causes as have been indicated, yet there is a
mass of evidence that, where the responsibility of the village authorities is en¬
forced and their services are utilised, their co-operation is of immense value.
The best magisterial and police witnesses testify to the valuable aid the village
authorities give in reporting crime, in investigating offences and not infrequently
in arresting offenders. The Commission desire strongly to recommend develop¬
ment and more full utilisation of this valuable agency. It is an agency the
duties and responsibilities of which are in accordance with Indian traditions
and usages and are well understood by the people. It forms generally a sound
basis for efficient police administration. Its employment will save the people
from much unnecessary and vexatious interference, while securing an important
link between the police and the people.

34. It will be convenient at this stage to notice briefly the extent to which

the village agency is utilised in the
Madras ' different provinces of India. In the Madras

presidency, throughout the ryotwari area, the headman is the revenue head of
the village ; but in Malabar and South Canara, and in a measure in Tanjore also,
the office was the artificial creation of Government to meet administrative neces¬
sities. Regulations IV and V of 1816 (cf. Madras Act I of 1889) empowered
the village headman, assisted sometimes by a panchayat, to dispose of simple
civil suits of small value. Regulation XI of 1816 placed the village police under
heads of villages whose police duties (in regard both to reporting and investi¬
gating offences) were defined, and also invested them with criminal powers
*in certain cases. Several changes in the direction of more formal definition have
been introduced in regard to emoluments, hereditary succession, etc., but the
provisions of these regulations are still in force. Though the popular character of
the system has been perhaps less prominent of late, the village headmen in this
presidency are in a more efficient state and, in districts where the matter receives
due attention, relieve the general administrative machinery of the work of
deciding petty disputes—both civil and criminal—to a far greater extent than
in any other part of India. The civil work they do is of great importance ; but
it is with their criminal work that the Commission are concerned. In 1901, 10,735
cases, involving 17,047 persons, were disposed of by village headmen in their
capacity as village magistrates, and though their work as police officers (with
the assistance of taliaris or village watchmen) is admittedly capable of improve¬
ment, it is very considerable. Most of the reports of crime at police stations
are received from village magistrates through taliaris and not from beat-
constables ; and without the help of the village authorities the regular police
could effect comparatively little. Attention had been drawn to the unsatisfactory

position of village officers in zamindaris or permanently-settled estates. This
matter became the subject of legislation in 1894. The provisions of Act II of
1894, which seem well considered and generally sound, have not yet been fully
applied and practically tested : the results to be anticipated are of great interest
and importance.

35. In Bombay the village police were placed under the District Magistrate

in 1852 by orders which fully repay careful
Bombay ' perusal. The results of the reforms then

ordered were pronounced in 1861 to be “ most satisfactory”; and in 1867 the
Village Police Act (Bom. VIII of 1867) was passed, which explains in detail
the duties of the village police. There is for each village (very rarely for a
group of villages) a police patel and subordinate to him are the village watchmen.
All these appointments are more or less hereditary. The patels are remu¬
nerated by grants of rent-free land or (rarely) by cash. The village watchmen
are remunerated, in Gujerat by grants of land or cash allowances, and in
the Deccan by grants of land and cash allowances, but mostly by perquisites
paid by the villagers. The evidence shows that the village police do not
a little good work, and that this system is admirably adapted to the
conditions of the country and should be retained at all costs. The first and
most important reform required is a thorough revision of the village police estab¬
lishments and their emoluments. Generally speaking, revision will be necessary
only in the case of village watchmen. Proposals were made in this direction by a
Committee appointed in 1873 ; but these were too expensive. The lines adopted
by the Collector of Ahmedabad for the gradual re-adjustment of emoluments and
the revision of the establishments of that district (vide Government Resolution
No. 9, dated 3rd January 1900) are more reasonable, and might well be followed
mutatis mutandis in other districts. Another reform is to improve the patels by
insisting on the appointment of suitable men, by a more liberal use of the provi¬
sions of the Village Police Act, by which they can be empowered to dispose of
petty cases, and by rewarding good work. What is required is to take up the
work of reform systematically. It is not desirable that one system should be
applied to every district; but it is desirable that reform should not be attempted
by fits and starts, but persisted in systematically.

36. In regard to Sind the evidence is strong that it has been in accordance
d with the customs and traditions of the prov¬

ince for zamindars and landowners to assist
the police, but that consistent efforts have not been made to maintain and foster
these relations. Landowners are beginning to lose sight entirely of the respon¬
sibilities of their position in respect of reporting offences and assisting in their
detection. Several officers of experience have spoken strongly of the impracti¬
cability of now introducing any scheme for enforcing that responsibility. On the
other hand, the Commission have had very strong evidence that it is not too late
to introduce or maintain a system whereby the zamindars and village or tribal
headmen should be responsible for reporting offences and assisting the police in
the manner indicated in the Criminal Procedure Code. The Commission are
of opinion that such a system is necessary in Sind, and that there is nothing in
the circumstances of the province to justify its being regarded as impracticable.
They are also of opinion that the evidence reveals the existence in Sind of a body *
of influential landowners who might be largely utilised in the investigation and

disposal of petty cases. One point that must be insisted on in regard to these
landowners (great or small) is that they must not be placed under the police,
burdened with a number of miscellaneous duties, or treated with harshness
or indignity in respect of their work. The tendency to this has too frequently
made the office of headman an offence elsewhere. They must be recognized by
the District Magistrate and his subordinates as honourable co-adjutors.

37. In the United Provinces, the revenue unit is the mahal, an area of land

either compact or consisting of a number

United Provinces.

of plots for which one engagement is
taken for the payment of revenue. If the mahal is the property of more than one
person, the management may either be in the hands of one of them, or groups
of sharers may be in separate possession of their own shares. In the Eastern dis¬
tricts separate possession is the rule; in the Western districts joint management
still holds its own. For administrative reasons the engagement for the revenue
was taken from the representative of the body of proprietors ; and but for the
fact that partition has produced a large number of small mahals, the lambardar
would ordinarily have been an influential person. His appointment is generally
regarded as hereditary, and, as a rule, he receives as remuneration 5 per cent, of
the revenue collections. He has had no responsibility for criminal administration
as lambardar, though under the Regulations in force until 1862 he shared the
responsibility of other proprietors. These responsibilities are now defined by sec¬
tion 45 of the Criminal Procedure Code. In many cases there are several pro¬
prietors in each village ; but that section gives the power of appointing a headman
to each village, and so fixing the responsibility for information on one man. Rules
for the appointment of headmen were issued under that section in January 1895,
the object of which was clearly that the lambardar should ordinarily be the head¬
man, and that in case of his non-residence, an influential resident, approved by him
and the other proprietors, should be appointed. The police were to have “ no author¬
ity whatever over village headmen. A village headman must not be required to
investigate crime or to dance attendance on the police while they are investigat¬
ing it. His duty is to report.” This scheme has not been successful ; because
the appointments were hastily and carelessly made and the lists of mukhiyas, as
these headmen were called, included menials, criminals and men of no position or
standing even in their own villages. Besides this, the system was at fault in
making the responsibility of the headman and village police officer to coincide
instead of making the former superior to the latter. In 1900, orders issued for the
careful revision of the lists of mukhiyas ; but the evidence clearly show's that
revision has not gone far enough, and the average mukhiya is still a man of little
or no influence. It seems to the Commission that the remedy is to carry out
the original intention that it should be the exception for a mukhiya to be other
than a lambardar. In villages where there are tenants of large holdings who are
also mukaddams or padhans (selected by a proprietor to assist in collecting
rents, etc.), these might be appointed mukhiyas as agents of the non-resident
lambardars. In other cases of non-residence, the lambardar, non-resident though
he be, should be held responsible that the chaukidars or village police officers
do their duty. The possession of land implies certain responsibilities ; and if
the owner does not live on the land, he should make such arrangements as will

iqsure the discharge of these responsibilities. The orders of 1900 also contained
a provision directing the investigating police officer to take the mukhiya into his
confidence and not only secure his aid but also his signatorevretokeft ei agneement

and of the non-existence of any cause of complaint. The evidence before the
Commission shows that this method of formal association of the headman
with the police cannot succeed. The headman should undoubtedly assist the
police, but it is hopeless to attempt to use him in this way as a formal check on
their proceedings. The chaukidars’ duties are watch and ward, reporting to the
police, and certain limited powers of arrest. It is unnecessary here to discuss
these in detail. Suffice it to say that, on the whole, the evidence shows the
chaukidars to be a very useful body of men.

Central Provinces.

38. In the Central Provinces, the malguzari system of tenure generally pre¬
vails, but there are also ryotwari tracts. The
headman in every village is the mukaddam,
whose duties are defined in section 141 of the Central Provinces Land Revenue
Act, which makes him responsible for the administration of the village and places
the village servants under him. In malguzari villages, the lambardar is appointed
mukaddam, except when the lambardar is of bad character, or is a woman and un¬
able to do the duties of mukaddam. If the lambardar is non-resident, he is still
appointed mukaddam, but has to appoint a resident mukaddam gomashta (who is
either a paid agent or a ryot), whom he must remunerate properly, generally by
remitting part of his rent. The remuneration of this mukaddam gomashta
requires further attention. In ryotwari villages the patel is mukaddam. Thus for
every village there is a mukaddam. No remuneration is required, as the lambardar
and patel are both remunerated for their revenue duties. The police duties of
the mukaddam are confined to reporting crime and assisting the police. In these
he is assisted (as in his other duties) by the kotwar or village watchman. These
duties are well performed; and generally th6 position of the mukaddams and
kotwars is satisfactory. The appointment (subject to the consideration of
hereditary claims and of the wishes of those who are interested), punishment and
dismissal of these officers rests with the Deputy Commissioner or Collector. The
police have no direct control. Advantage has been taken of the revisions of
settlements to reduce the number of kotwars and improve their position; and
the recent period of famine and distress has afforded them opportunities of
confirming the impression that they are a valuable body of officers.

39. In Berar the system is very much like that prevailing in the ryotwari

tracts of Bombay and the Central Prov¬
inces. The village officers are, as a
whole, efficient aids to the district police in the matter of reporting crime ; but
the jaglias or village watchmen are reported to be unsatisfactory in their police
work. This seems to be mainly due to the failure of revenue officers to attach
sufficient importance to this part of the village servant’s duties. It would not
be an appropriate remedy to bring them more under the police. Neither does
the Commission approve of the proposal to appoint village panchayats to check
reporting by village officers or to supply information which they suppress. To
associate panchayats with village headmen in the discharge of some of their
duties may often be expedient and popular, but to appoint them as spies or
informers would be a fatal mistake. The Commission strongly approve of the
proposal for a liberal system of rewards to headmen and watchmen who do good
work.

40. In the Punjab, responsibility for the peace of the village and for reporting
Punjab. crime rest s primarily on the lambardar.

In some parts of the province, where

there are more lambardars than one, there is selected from among them an ala-lam*
bardar(or chief headman). But under arrangements made at more recent settle¬
ments, the number of ala-lambardars is being gradually reduced. The lambar¬
dars are, therefore, regarded as jointly responsible for the performance of their
duties. Besides these there is a superior officer, called zaildar or inamdar, who
supervises the headmen of the villages of his circle, which includes, as far as
possible, people of one tribe, or villages which have some connection or affinity.
He also reports certain offences, assists in the investigation and prevention of
offences'and in the arrest of criminals, and sees that headmen do their duty. All
these officers receive regular remuneration. The system does not seem to require
great modification; but it would be much improved if reduction in pursuance
of a settled scheme were made in the number of lambardars in most districts of the
province. The Commission would also like to see the employment of zaildars
and headmen in the disposal of petty cases. They think that this should be
experimentally introduced in selected areas and gradually extended. As to
village watchmen, the chaukidari system seems to be working well, and should
be interfered with as little as possible: the orders of 1898 seem adequate. All
that is required is careful regard to the proper working of the village system.
In the frontier districts, most of which have been separated off to form the
North-West Frontier Province, the institution of the jirga (or tribal council) is
used to settle disputes and punish offences. It is regarded as a valuable institu¬
tion by the Chief Commissioner of the new province; and the Lieutenant-
Governor of the Punjab is inclined at least to have it maintained in those few
parts of his province which are really parts of frontier districts, and perhaps
also extended to some of the northern districts.

41. In Burma, owing to various causes, mainly connected with the disturbed

state of the country and the misapprehen¬
sions of officers regarding the essential
features of the indigenous village system, that system was being subverted. To
remedy this the Upper Burma Village Regulation was passed in 1887. Its
success led the Chief Commissioner to propose a similar measure for Lower
Burma, which was passed into law as Act III of 1889. This Regulation and
this Act are based on the two cardinal principles that (1) every village must
have a headman, appointed under the Regulation or Act, residing in the village or
so close to it that he can efficiently perform in his own person the duties imposed
on the headman by the law; and (2) every village headman should be respon¬
sible for the collection of the revenue in his jurisdiction, and should get the
whole of the commission. The new law has worked successfully in both Upper
and Lower Burma. It only remains to complete the settlement of the remunera¬
tion of the headmen in some districts of Lower Burma in accordance with a
scheme which is gradually being introduced and is now well advanced. The
gain in administrative efficiency is universally admitted to be great, and to be more
than commensurate with the increase in work. The new law defines the duties
of village headmen, which include the reporting of certain offences, arrest of certain
offenders or suspicious characters, and the disposal of complaints in petty cases.
The provision regarding the grant of enhanced powers to certain selected head¬
men operates also as an encouragement to good work. The headmen are con¬
trolled by the Deputy Commissioner (or Collector) and his subordinates. Year
after year they are commended for their ready co-operation with the police

and the work they do is of great value. The principal reform required is to aim
at educating them; and the Local Government is doing something towards
assisting in the education of the rising generation of headmen. The headmen
in Lower Burma are assisted by se-ein-gaungs (or ten-house men) who are a
kind of rural police; and the headmen in Upper Burma are assiste y
ywagaungs or agents in outlying hamlets. These are not remunerated, lhe
Commission have no proposals to make in this matter. The system oE vi age
police is suitable and only requires careful working. Some witnesses objecte
to the enforcement of village responsibility by the fining of villages , but t e
Commission ascertained that these witnesses were generally ignorant of the
careful limitations prescribed by the Local Government in Circu ars 17 an 1
1896 (as to Lower Burma) and in Circulars 40 and 41 of 1896 (as to Upper
Burma). The provisions of the law, if worked on the lines lai own Y
Local Government, seem to the Commission to be consistent with Burman tradi¬
tions and sentiment, and not to be inexpedient.

42. In Assam there are three systems at work. In the Hill Tracts there are

hereditary or elective headmen who are
Assam. responsible to report the occurrence of

heinous offences and are empowered to deal with petty cases. The system seems
to be suited to these localities and to be working fairly well. n i e ssa " 1
Valley, the gaonbura or headman is undoubtedly the village oncer to ^ e raa
responsible for efficient reporting of crime. The Chief Commissioner has
submitted to the Government of India reasonable proposals for 1 enumerating
gaonburas by a grant of rent-free land. It is necessary also to define their
police duties with more precision, holding them responsible for the reporting
of all cognizable offences other than petty. There are no chaukidars m
the Assam Valley ; crime is very light, and the population orderlyand
local opinion is against the appointment of chaukidars. The Commission
are of opinion that so long as the members of the village community are prepared
to arrange among themselves to assist the gaonbura in the disc arge
responsibility for reporting offences and keeping the peace of the village, the esta -
lishment of a separate agency at their expense need not be insisted on. ut
they should regard this as inevitable, in case they fail to render the necessary
assistance. In the Surma Valley districts and Goalpara there is practically the
chaukidari system of Bengal. The Chief Commissioner has his attention directed
to this system ; and the most important point for consideration seems to the
Commission to be how far landowners are to be utilised and held responsib e or
co-operation in police work. There was considerable evidence that if andowners
were associated with the panchayats in reporting, and if the best of them were
empowered to dispose of petty cases, great advantage would result. Gaonburas

might be similarly utilised.

43. The village police in Bengal is partly derived from the old village system

and partly the result of British rule during
Bensa1 ’ the last century. In parts of Bengal, in¬

cluding the Patna, Bhagalpur, Burdwan and Orissa Divisions, there were con¬
siderable traces of the old village system. In Chutia Nagpur, parts of Orissa and
some Bengal districts there were numbers of semi-military officials remunerated
for their services by military fiefs. In Northern and Eastern Bengal the village •
system does not appear to have existed ; and the village watch there is mainly

the creation of the British Government. When the zamindars lost the control of
the police, the village watchmen were (by section 13 of Regulation XXII of
1793) declared subject to the orders of the newly-appointed darogas, and became
dependent on the regular police, though they remained in some respects the private
servants of the zamindars. At the same time the zamindars were held responsible
for giving information of crimes and for helping to arrest the perpetrators. The
system is stated to have failed from the “ utter inability of the public authorities to
secure the co-operation of the people in the administration of the law.” This was
largely ascribed to “ the power of the landholders and their local agents, whose
reign, silently acquiesced in, extends to every house in every village of the
country, and whose influence is used in support of, or in antagonism to, the law,
just as may appear to be most advantageous to their interests.” The attention
which was drawn to the great defects of the system led in 1869 to the appoint¬
ment of a Committee to reconsider the whole question and to draft a Bill for the
reform of the village police, based on the principle of confirming the municipal
character of the rural police and providing the simplest possible means of ensuring
the regular and prompt payment of their wages. This Bill became law as Act
VI (B. C.) of 1870. This Act ” was framed in a spirit of entire trust in the
village community, and it was hoped that, when the control of the village police
was placed in the hands of the villagers themselves, a sense of self-interest would
induce them to co-operate honestly and cordially in the detection of crime, and
that a sense of justice would induce them to see that the village watchman was
regularly paid.” Although this Act led to some improvement, the system did
not work well; and in 1881, Mr. Munro, C.B. (then Inspector-General of
Police), suggested the appointment of a Commission to deal with the whole
question. The recommendations of this Commission, submitted in 1883, led to
certain amendments of the law, and finally to the passing of Act I of 1893.
This Act was introduced by Mr. (now Sir Henry) Cotton, who pointed out that it
introduced a modification of the principle underlying Act VI (B. C.) of 1870, that
the control of the village police was to rest with the villagers. He remarked
“ the inhabitants of a village have no claim to a municipal administration in
any respect, still less have they any claim to control the police. For the
discharge of such duties the highest possible qualifications must be secured,
and when the low calibre of the men who constitute a village panchayat is con¬
sidered, the advantage appears to be wholly on the side of a police administration
by the Central Government.” It was stated at the same time that it was
intended to retain the local knowledge of the chaukidars by necessitating
their being residents of the village in which they are employed. The main
provisions of the Act were that, though the panchayats might nominate chauki¬
dars, the power of appointing them, determining their number and fixing their
salary, was vested in the District Magistrate. He was also empowered, if he
thought collection badly done, to appoint a tahsildar or Government collector
of the chaukidar tax. The chaukidars were to be punished by Government
officers and paid by officers appointed by the Government, the only control
exercised by the panchayat consisting in reporting any failure in the performance
of duty. The aim of this legislation, as well as the demand of police reformers for
years before, was to bring the village police into closer touch with the regular
police. Since then the daffadari system has been introduced, though not yet legal¬
ised, whereby a daffadar is appointed to supervise the work of about 10 to so
* chaukidars. The panchayats also now represent larger areas than formerly,

the object being to secure better men. However necessary this system may
be in the peculiar circumstances of Bengal, it is certainly not a system of village
police as generally understood. It is more of the nature of a low-paid regular
constabulary with the one small redeeming feature that each constable resides in
his own village and must be more or less subject to the influence of village
opinion. The Commission are not prepared, in view of the history of the case
and the general trend of official opinion, wholly and definitely to condemn the
system. But they consider that it has proceeded on a misconception of
principle. The point is not whether a village can claim to control its own police,
but whether the co-operation of the village community in police work is not of the
highest value, if not, indeed, absolutely essential; and the Commission have very
grave doubts whether the Bengal system has not been too extensively introduced.
There is clear and weighty evidence that the means of securing village co¬
operation exist at all events in certain parts of this province as in the rest of
India; and where they exist, advantage should be taken of them, whether by
employing landholders or leading ryots separately or as members of panchayats.
The attempt made to do this in 1870 was marred by certain unsuitable provisions
of the law. A fair trial can hardly be said to have been given to the village
system. The Commission have also formed the impression that, with some
striking exceptions, there is too little interest in village police displayed by
Collectors in this province. The appointment of panchayats is a matter which
demands the closest attention of the District Officer and his subordinates. The
Commission are disposed to attribute the failure of the panchayat system in
some measure at least to this lack of interest. They regard the setting aside
of the panchayat from all control over the chaukidars as a most serious defect
in the system. If the present system is to be maintained they would like to see
the panchayat or its members employed in some measure at least as they desire
to see headmen employed in other parts of India. The main object of the
village police system is to secure the co-operation of the people. The Com¬
mission are far from convinced that it is hopeless to aim at securing this
object in Bengal. There is also a large body of evidence that the assessment
falls too heavily on the poor; that the maximum payment of one rupee a month
should be raised; and that the principle of payment for protection appears to
demand a certain assessment on lands in possession of resident and non-resident
owners as well as on houses. Some of these are matters on which the Com¬
mission do not feel called on to express an opinion ; but they are all matters
which the Local Government should carefully consider before proceeding to
prescribe the definite rules for assessment and revision of assessment which are
undoubtedly required.

44. Returning now to the general consideration of the subject, the Com-
Viiiage police should not be under the regular mission desire to record the strong impres-
polloe ’ sion that has been made on their minds in

the course of this inquiry of the paramount importance of maintaining and
fostering the existing village agencies available for police work. With reference
to this question, the Commission desire to emphasise their conviction that the
village police ought not to be separated from the village organisation and placed
under the regular police. They desire to see, not a body of low-paid stipendiaries
or subordinate police scattered over the country, but the utilisation of the village
agency itself. The village is the unit of administration. Improved administra¬
tion lies in teaching the village communities to take an active interest in their

own affairs. The village community is represented (ordinarily) by its headman ;
and effective police administration must be based on the recognition and enforce¬
ment of the responsibility of the headman. He is the man who can really help
the police ; his position and influence should be strengthened ; and it is to him
that the police should look for co-operation in their work. This is the basis of
the provisions of section 45 of the Criminal Procedure Code, which make the
headman responsible for the communication forthwith to the Magistracy or police
of information concerning certain offences and offenders, and empower the District
Magistrate (subject to rules made by the Local Government) to appoint village
headmen, for the purposes of this section, where there is no such headman ap¬
pointed by any other law. The Commission consider it to be of vital importance
to emphasise the responsibility of the village headman, and to hold the village
police officer, by whatever name he may be locally known, responsible rather
as the subordinate of the village headman and his servant for the performance of
police functions. The village headman for police purposes ought, as far as
.possible, to be the man recognized as headman in respect of the revenue and
general administration of the village: where that is impossible, he ought to be a
man of position and influence in the village ; and the District Officer ought to
maintain and strengthen his position and influence. It is necessary to repose a
large discretion in him and firmly to acknowledge his respectability and authority
in the village. The village police officer ought to be a village servant, holding
bis own place in the life of the village, the subordinate of the village headman,
who must be regarded as primarily responsible for crime in the village. The
intimate connection and association of both these men with the people must be
maintained. Both should discharge their duties as representing the village
community, and as responsible to the head of the district. To place the village
police officer under the thumb of the station-house officer would be to subvert
the system in its essential principles, to get out of touch with the people in their
customs, usages and interests, and often to place the dregs of the people over the
respectable classes. The village watchman would become the menial servant of
the police and probably become unscrupulous in his methods. He would work
apart from, and often against, the village head. His intimate knowledge of village
affairs would be lost, and he would become a very inferior police officer. Both the
village headman and the village police officer must be regarded as co-operating
with, not subordinate to, the regular police.

45. In almost every province of India the man who is responsible for the

discharge of village police duties is also

Revenue and police duties. th& ^ q{ the village> or the

representative of the revenue head. This is a state of things which the Com¬
mission regard as most satisfactory. It provides for the remuneration of the
headman in connection with his revenue duties, and it indicates automatically the
man whose influence and position in the village render him most suitable
to be invested with responsibility in regard to police work. The lambardar in
malguzari villages or the patel in ryotwari villages is the best man to appoint as
headman for police purposes. Where there are several lambardars, one of these
may be selected, either by election by the lambardars or by the appointment
of the head of the district, to be the headman for police purposes. This was
the course wisely adopted by Sir Thomas Munro, when he proposed to appoint
the nattamkars (or managing mirasidars elected from time to time) to be headmen

in the Tanjore district. It is also the course which has been adopted in some
parts of the Punjab. Where the lambardars or proprietors are non-resident, the
responsibility for making satisfactory arrangements for a substitute ought to rest
on them. The efforts now being made, for example, in the United Provinces to
revive this important feature of the village system ought to proceed on some
such principle. The great defects in the efforts made here and elsewhere to
establish a sound system of village police have been their want of clearly-defined
principle and their spasmodic nature. If a sound system were fairly re-estab¬
lished, it would exercise a beneficial influence more powerful probably than any
reform which this Commission can propose; and the success which has attended the
re-introduction of such a system in Burma and the efforts made to restore or
strengthen it in other parts of India is most encouraging.

Grouping of villages.

46. In this connection, the Commission would deprecate the grouping of

villages. The village is the true unit in
revenue administration, and is, therefore,

ordinarily the most appropriate unit for police administration. To group villages
tends to confuse and eventually destroy the old village arrangements. It may some¬
times, however, be impossible to find suitable men or to provide adequate remuner¬
ation, without grouping together two or more small villages. If this is so, then the
inevitable must be accepted. There are small villages within sight or hail of each
other that may be conveniently grouped together. In that case, the interests of
all the villages concerned, and the possibility of the work of all being carried on
by the one village officer, should be carefully considered. Generally, however, the
responsibility for reporting and prevention of offences should be attached to the
representative of the village, whatever may be found necessary in regard to the
disposal of petty cases.

47. The supervision and control of the headman in discharge of their duties

„ , .. . should be entrusted to the head of the

district. In this he will, of course, be
assisted by his subordinates. No punishment of a headman ought, however, to be
inflicted except under the orders of the District Officer, or of carefully selected
Sub-divisional Magistrates to whom certain powers may be delegated. Failure in
the performance of duty should be reported by police officers ; much good work may
be done in this way, provided that they exercise reasonable discretion in making such
reports. The District Officer ought to give due attention to all such reports, taking
suitable notice of every case of real failure, and vigorously restraining all vexatious
or unnecessary interference with the village police. Too much care cannot be
taken to prevent the duty of headmen becoming irksome, and their influence im¬
paired, by bringing their conduct too often under the correction of their superiors.
The District Officer’s assistants and the tahsildars should be required to regard it
as an important part of their duty to supervise the work of the village police. The
tendency to neglect criminal work in favour of revenue duties, of which there is con¬
siderable evidence, should be restrained. The Sub-divisional Officer and the tahsil-
dar (or mamlatdar) should especially, each within the area of his jurisdiction and
within the limits of his powers, regard himself as the representative of the Dis¬
trict Officer in respect of both revenue and criminal work. The village account¬
ants have also certain responsibility thrown on them in regard to the reporting
of crime by section 45 of the Criminal Procedure Code. They are merely,
however, auxiliaries in this matter ; and it is quite unnecessary to enforce their

responsibility unless they are believed to have known of concealment. They
may thus serve as a check on the headman. If a few village accountants were
called on to explain or bear the penalty of their neglect to report serious crime
which they knew to have been concealed, they would rarely throw in their lot
with the headman, and he would be deterred from wilful concealment. The
great point to insist on is that the revenue officers should carefully watch the
performance of police work by the village headmen and watchmen. The Police
Superintendent and his subordinates should treat them with courtesy and con¬
sideration ; and with an improved staff of Superintendents much improvement
may be confidently expected. The village officers should not be unnecessarily
harassed; and good work should be promptly and cordially recognized.

48. The village police officer should be regarded as a village servant and the

subordinate of the headman. He must

Village watchmen. , .

no doubt be held jointly responsible for
the discharge of the duties imposed on him by the law; and he cannot be excused
for neglect of duty on account of any evil influence exerted by the headman.
But the latter must be held primarily responsible, except when the village police
officer has (without his knowledge) disobeyed his orders. Where the headman
is the revenue as well as the police head of the village, the Commission would
not recommend the entire separation of certain village servants for police
work. It is better that the village servant should be the subordinate of the
headman in both respects. Even where it is necessary to devote certain servants

mainly to police work, it is better that they should be bound to carry out any
orders they rrfay receive from the headman. The headman should be held res¬
ponsible that police as well as revenue duties are duly performed: the former must
not be sacrificed to the latter. As to police work, the village watchman should
carry reports for the headman, assist him in tracing offenders, do such watch and
ward as the village requires, and make arrests as authorised by law. In general
his power of arrest is not large enough. There is strong evidence of the necessity
for authorising him to arrest not only the offender committing an offence in his
presence, and offenders escaping or against whom there is a hue and cry, but also
suspicious persons found under suspicious circumstances at night, and persons
in possession of what he has reason to believe to be stolen property.

A great mistake has been made in some provinces in seeking to eliminate
the menial classes from the ranks of village watchmen. As a rule, these make the

best watchmen, when they are truly village servants. In Bengal, where they are
really stipendiary rural policemen, it is quite different. There it may undoubtedly
be well to secure the services of the more respectable castes and classes. But

the menial classes, as village servants, are more amenable to orders and ordinarily
maintain better watch and ward than the higher castes. Even members of the
criminal classes ought not to be rejected if they are induced to settle down to an
honest life and the steady discharge of their duties : there is great advantage in
inducing them to do so; and it is in accordance with the custom of the country.

49. It is of great advantage that the office of village watchman should be
held by hereditary right, as far as is consistent with securing suitable men. As to
remuneration, no uniform practice can be laid down for all provinces. Its character

must be fixed mainly with regard to local

Remuneration, etc., of village watchmen. advantages in

having the watchman remunerated in part by rent-free land. His remuneration
must only be partly in this form, so that the people may not be relieved of their

duty to bear the main part of the cost of the village police. This form of
remuneration gives the village watchman occupation for his own spare time and
for his family, the members of which also often aid him in his work. It is
a cheap way of remunerating him; for he gets not only the advantage of
the rent which is remitted, but also the profits of the land. This form of
remuneration is also very much prized and is a great inducement to good work.
If he belongs to the predatory classes, it has the further advantage of inducing
him to turn his attention to agricultural pursuits. It is objected in certain places
that this is difficult to work, as it is not easy to dispossess a village servant
or his alienee of the village service land. This may be so ; and the Commission
would not lay down a hard-and-fast rule. At the same time, it ought not to be
difficult for a revenue officer to dispose of such a case; and the difficulty is
generally obviated altogether by selecting village watchmen from among the small
holders of land and merely remitting the whole or a portion of their rent. The
arguments in favour of this form of emolument make it worth while to try to
overcome difficulties in arranging for it. Another very useful form of emolu¬
ment is the levying of contributions from the ryots. This keeps the village
watchman in communication with the ryots and makes him realise that he is bound
to attend to their interests. It marks his position as the village servant. It is
most important to emphasise this, that he is the servant of the village community ;
and any attempt to make him a full-time or even half-time Government servant
is ordinarily a great mistake. Where contributions or cesses are levied, they
should be levied on the whole village community. In some provinces they are
levied on land only: in others on houses only. The principle of paying for pro¬
tection demands that they should be levied on both. Only menials and poor
persons should be exempted, to prevent hardship. In regard to village watchmen,
as well as headmen, the Commission strongly deprecate unnecessary harassing
of the village officers in respect of their police duties or otherwise. Bitter
complaints, for example, are made of the way in which village watchmen are
compelled to attend for days together the camp of an officer on tour, and in
many ways put to unnecessary trouble and annoyance. District Officers
should set their faces against this. The Commission would also urge the
discontinuance of the visits of watchmen to the police station when they have
nothing to report. These visits are a burden to the . watchmen, and a constant
source of abuse at the thana; and also tend to undermine the authority
of the headman and convert the village officer into a police subordinate. The
only valid argument in their favour is that important police information
may be readily disseminated through the collected watchmen; but this very
occasional advantage would be better secured by a system of passing on inform¬
ation in writing from village to village by means of the village servants, which
is quite in accordance with custom and is not burdensome to any individual.
Where periodical visits to the thana are regarded as really necessary, they should
be reduced to the smallest possible number in the year. The Commission have
no hesitation ;n saying that the regular “ chaukidari parades,” as practised in
Bengal, are absolutely useless. A large number of chaukidars are assembled
on one day at the police station and are seated together in rows before the
officer in charge, who addresses to them a number of questions from an official
catechism, and may conclude by giving them a little information. The Com¬
mission saw several such parades and were satisfied that no valuable information
was or could be elicited from the chaukidars by such a method, and that' they

failed to understand the information which the officer in charge believed that
he was communicating to them. These parades involve a great deal of worry
and trouble and have no practical utility. It would be a very different thing if
the officer in charge, when he happened to meet a chaukidar, would quietly obtain
information from him; but to bring him away from his village and his duties
every week for a formal examination, whether he has any news to impart or not,
is a mischievous and indefensible practice.

50. The Commission would like to see the village system consistently
, , developed and improved. They have seen

Improvements recommended, 1 1 J #

it working very well in certain parts of
the country and worse in others : they would urge that the standard of the worst
be gradually raised to the standard of the best. It is not radical change that is
generally required, but patient and persistent efforts at improvement. They
strongly approve of the efforts made in certain provinces to improve the standard
of education among the agricultural community generally by adopting a suitable
curriculum and suitable hours in the day and months in the year for attendance
in village schools, and among headmen in particular by affording special facilities
for the education of their children. They also strongly approve of the proposal
to have a liberal system of rewarding headmen and village watchmen promptly
and publicly in ways suitable to the classes to which they belong, such as money,
paggaries, dresses of honour, etc. It has been a general defect in the past
to reward the regular police and overlook the claims of the village police,
who may have contributed even more largely to the success of the work which
is being rewarded. Cash rewards, it must also be remembered, are usually mo^e ap¬
preciated by a village watchman than even a more costly addition to his pay. The
Commission would also draw attention to the system of “ tikri-chaukidari,” pre¬
vailing in the Punjab, by which, when crime is rife in any locality, the villagers
are required, especially on dark nights, to aid the chaukidars in the protection
of the village area. The Commission are inclined to think that this system might
often (if legalised, so as to empower the District Magistrate to direct its adop¬
tion when desired by the majority of the villagers) be better than the quartering of
additional police under section 15 of Act V of 1861. It is popular in the Punjab,
and maintains the principle of village co-operation for the preservation of the
peace. Its essential feature is that the additional patrols are drawn by lot from
among the villagers. The man on whom the lot falls either performs the duty
himself or finds a suitable substitute.

51. A most important mode of developing the village system and utilising it

more fully for the benefit of the people

Enlargement of headman’s powers. . , , . , ...

is to enlarge the powers of the village
headmen. In Madras the Commission have had before them strong evidence

that the powers of the headmen in disposing of petty criminal cases may safely be
enlarged to some extent. It would not perhaps be expedient to give them power to
sentence to longer terms of imprisonment than at present allowed ; for that involves
the housing, guarding and dieting of prisoners ; but enhancement of their power
of fine might well be considered. This enhancement of powers might be carried
out in this province and elsewhere on the principle contained in section 15 of the
Bombay Village Police Act (VIII of 1867), viz., that enhanced powers may be
conferred on selected headmen. This would serve to encourage others to good

work, as the experience of Burma has shown. In provinces where the practice

of employing headmen in the disposal of petty cases does not exist, the Com¬
mission would strongly urge that it should be cautiously and experimentally
introduced. It is quite in accordance with native custom and sentiment. It is
safe in petty cases; for village opinion forms a strong check on the resident
headman. It would relieve the people from the annoyance of police interfer¬
ence in petty cases, without denying justice to the poor in respect of wrongs
which, though intrinsically petty, may mean much to them. There is much evid¬
ence in every province that the conferring of such powers on village headmen
would be welcome both to them and to the people. There is evidence also that
in certain localities the association of panchayats with the village headmen in the
disposal of petty cases would be popular; and such association of a panchayat
with a headman might often make it possible to give him higher powers, where
his own influence was not great. In the North-West Frontier Province it is
strongly maintained that it would be absolutely impracticable to set a head¬
man alone to decide petty cases. He ought to sit down in the tribal
jirga and settle the case; this is in accordance with local tradition and
custom. On the other hand, there is evidence that the character of the
headman’s influence sometimes makes it best that he should act on his own
authority. The Commission would not urge any uniform procedure in this respect.
Let local custom settle the question. Where, as in Bengal, panchayats take the
place of headmen, such powers might be granted to certain of them experiment¬
ally, and the system, if successful, might be gradually extended. All this would
tend to develop the village system and extend its usefulness. The Commission
regard it as of great importance to maintain and develop among the people a
spirit of self-reliance and self-help not only in regard to police matters but also
in regard to other matters of local importance. They would favour any reason¬
able measures to prevent the destruction of the principle of co-operation in village
life and the decay of the influence of the village authorities. To this end it is
necessary that District Officers should secure the confidence of the people in the
interior and their active and intelligent sympathy with their views and proposals.
They must go among them, be accessible to them, and let them understand the
object of the policy of Government. This will be of immense advantage in every
branch of district administration. It is also necessary that District Officers and
the superior officers of Police should treat the village headmen with respect and
the watchmen with consideration ; that they should carefully supervise their work,
prevent its neglect, and show full appreciation of its loyal and efficient perform¬
ance ; and that they should firmly repress any tendency on the part of their
subordinates to harass or oppress the people. It is necessary that revenue and
police officers alike should be trained to proficiency in the vernacular and to
intelligent sympathy with the people, the want of which qualifications ought to
stamp them as incompetent for the discharge of their duties. It is also necessary
that there should be patient and persistent continuance in a consistent policy
definitely prescribed and maintained.

CHAPTER IV.

Selection of officers.

Regular Police : Organization, Training, Pay and Discipline.

52. Among the most obvious reforms necessitated by the state of things which

the Commission have found to exist is the
improvement of the police establishment
so as to secure, as far as possible, that competent men shall be obtained to
perform police duties. There has been failure in two respects. In the first place,
sufficient care has not been taken in the selection and training of officers for the
different classes of the police department; and, in the second place, sufficient
care has not been taken to assign to each class the duties which it may reasonably
be called on to perform. The most deplorable illustration of the former mistake
is to be found in the rule which very generally prevails that Inspectors and Sub-
Inspectors should be promoted from the ranks. A common illustration of the
mistake of calling on a class of officers to perform duties which they cannot
reasonably be expected to perform satisfactorily is the entrusting of investigations
to head constables and constables. It is essential to confine the discharge
of responsible duty to the higher classes of officers, and to secure efficient men
for these classes. With this reform is intimately connected the question of
salary ; for it is hopeless to expect to secure suitable men without offering them
suitable pay and prospects of promotion. To some extent the rate of pay must
vary in different provinces and even in different parts of the same province.
But the Commission have found that these variations of pay (with clear excep¬
tions, to be met by special allowances) may well be confined to the lowest
classes of officers. It is the cost of the necessaries of life that necessitate these
variations. After a reasonable “ living wage ” is secured to the lowest classes,
variations in prices may be neglected. The money value of the services of the
higher classes is much the same, throughout India and Burma. In the higher
ranks the same rates of pay seem to attract much the same kind of men. These
views regarding the selection and payment of officers are the broad lines on which
the proposals of the Commission regarding organization are based.

53. In regard to constables, the Commission are of opinion that the proposals

made by some witnesses to double or treble
their pay are due to forgetfulness cf the
principle that the more important and responsible duties of the police ought
not to be entrusted to this class of officers. Escort, guard and patrol work,
limited powers of arrest, the suppression of disturbances (under orders),
the regulation of traffic and the like, are the duties they should be called on to
perform. They should never be themselves entrusted with the investigation
of offences or the performance of other duties of a similarly responsible
character, though the investigating officer may avail himself of their assistance
under his direct supervision and orders. The worst abuses have arisen from
permitting constables and head constables to conduct the investigation of offen¬
ces. No abuse calls more urgently for reform. Constables are not a suit¬
able agency even for the performance of the beat duties ordinarily entrust¬
ed to them. The weight of evidence is decisive that the information brought
in by beat constables is rarely of any value, while complaints of abuse of their
authority are universal. The Commission are of opinion that the beat system

Constables : their duties.

should be restricted as far as possible, and should be confined to the collection
of definite information under the special orders of the Sub-Inspector, and to
visits to villages where the headman has shown himself to be untrustworthy. It
is in their opinion essential that the responsibility of the village authorities for
reporting crime and supplying information about the movements of bad charac¬
ters should be enforced. But it is most undesirable to employ beat constables
as the check on the village authorities. To expose the headman of a village to
a constable’s espionage, or to check his work by a constable’s report, is to
degrade and annoy him. It is essential to free the village authorities from
this vexatious system. The true check on them is the surprise visit of the
station-house officer travelling on tour or passing to or from the scene
of an offence, or of a subordinate officer sent only occasionally with definite
instructions to obtain some simple piece of information, supplemented by
the visits of superior inspecting officers of the revenue and police departments,
part of whose duty it is to become acquainted with the manner in which
the village police work is performed. The Commission are, therefore, of
opinion that visits by beat constables are unnecessary in the case of villages
where the headman is believed to be doing his duty, and where there are no bad
characters requiring surveillance. In other cases these visits should be paid by
constables specially deputed by the station-house officer to carry out definite
orders given to them : the responsibility for due discretion resting not on
them but on their superior officer. The regular beat system, which the Com¬
mission deprecate, is not to be confounded with the patrolling of dangerous
roads for the protection of travellers. This duty must be performed by con¬
stables where it is necessary. The great principle to be borne in mind is that
duties requiring the exercise of discretion and judgment should not be entrusted
to the lowest classes of officers, from whom such qualifications cannot reasonably
be expected : the duties of a constable should not be above his class. On the
other hand, the Commission desire to point out the unwisdom of employing
constables in duties which are degrading, such as killing dogs, or which tend to
make the police unnecessarily unpopular, such as impressing carts, collecting
children for vaccination, reporting on village sanitation, and the like. These are
examples of duties which do not belong to the police, but have unwisely been
thrust upon them in some provinces. It is sometimes no doubt expedient and
economical to employ the police in work outside their own department; but
care should be taken that the duties imposed on them are suitable, as it is easy to
carry this too far; and this mistake has been made in most provinces.

54. The question of enlistment of constables is one on which there is consi-

Enlistment and qualifications of constables. deraWe ° f OP™*- Some offi-

cers consider it undesirable that more
than a small percentage of the constables enlisted should belong to the district in

which they are to serve : other officers hold the opposite view and would enlist

almost exclusively men belonging to the district. The Commission are inclined
to think that the latter view is ordinarily correct. There are some cases in which
it is essential to enlist “ foreigners ” more freely than in others, as, for example,
when the people of the district do not possess some of the physical qualifications
required for the performance of some police duties, or when it is otherwise diffi¬
cult to obtain suitable recruits locally. But, on the whole, it is an advantage to
have constables with some local knowledge and more or less under the influence

of local opinion. It is objected that constables working within reach of their own
villages are tempted to leave their work and visit their homes ; but this is surely
indicative of very lax discipline. On the other hand, it has been found to be a
great incentive to good work to post men near their homes, when they have earned
this privilege by good work, and on the understanding that they will be trans¬
ferred to duty at a distance when they cease to deserve it. The Commission
consider that local recruitment should as far as possible be encouraged. That
the police should understand the people and the people, the police, is most
desirable. The qualifications to be required of constables must be fixed in refer¬
ence to the duties they have to perform. They should be men of classes which are
usually regarded as respectable ; and care should be taken to ascertain that they
are of good character and antecedents. On no account should members of the
criminal classes be enlisted, for their presence degrades the whole force. They
should possess sufficient intelligence and physique to enable them to discharge,
after training and under the orders of their superiors, the ordinary duties of a con¬
stable as indicated above. It is a mistake to fix too high a standard in either
respect. The physical standard should be reasonably fixed in reference to the
physical strain entailed in the performance of ordinary police duty, and in refer¬
ence to the physical characteristics of the people with whom they have to deal.
The intellectual standard should similarly be fixed in reference to the duties to
be performed, and the state of education in the district. It is desirable that every
constable should be able to read and write ; but while it might be possible
to enforce such a condition in Madras or Burma, it would be at present quite
impossible to do so in the Punjab or the United Provinces. The educational, like
the physical standard, must vary from province to province. A due proportion
should also be maintained between the importance attached to each of these
qualifications. In some provinces the physical seem to have been greatly exalt¬
ed over the educational; and, while nearly all the men are of fine physique, three-
fourths of them are illiterate.

55. It seems almost a truism to say that constables should receive adequate
_ . . , ,,. training in their duties before being set to

perform them ; yet the training of con¬
stables has been very defective in most parts of India for several reasons. One of
the most important causes of inadequate training has been the general failure to
provide the necessary reserve, which has resulted in calling on recruits to perform
police duty before their training has been completed. This will be dealt with in
discussing the reserves. Another cause of imperfect training is the defective
character of the staff employed. This is mainly due to the fact that the training
has been given in district schools. There are some officers who support these
institutions on the ground that the Superintendent of the district in which the
constables are to be employed is chiefly interested in their efficient training. This
argument loses weight when it is found that the Superintendent’s absence from
headquarters during the greater part of the year necessarily prevents his exer¬
cising any real supervision over the recruits ; that he puts a head constable, or at
best a Sub-Inspector, in charge of the school, and ordinarily selects him because
he is not very fit for station duty ; and that the temptation to utilise the recruits
for emergent duty leads to constant interruption of their training. The great
.mass of expert opinion is in favour of central schools, each placed at a town
accessible to several districts, which would be grouped round it either as belong¬
ing to the same division, as speaking the same language, or for some other reason

of administrative convenience. This is the plan which the Commission would
recommend. The school should be large enough to make it worth while to em¬
ploy an efficient establishment and yet not too large to allow of careful instruction
and effective discipline. The course of training of constables also calls for revi¬
sion. The Commission have taken this matter up, and certain proposals are
contained in Appendix III. The course should extend over six months and should
include instruction in drill, in elementary law and procedure, in discipline and in
the manner in which constables should conduct themselves towards the public.
For use in these schools, and by constables and head constables afterwards, a
catechism should be prepared, consisting mainly of the rules and principles appli¬
cable to all India, with any additions or modifications required by local laws or
circumstances.

56. The Commission have carefully inquired into the system of payment and

Pay of constables.

of promotion among constables,
have formed the opinion that the

They

mini¬

mum pay is everywhere too low ; and that the system of grade promotion is
unsuitable to this class of police officers. As already stated, they do not accept
the view that high pay should be offered in the hope of securing thoroughly trust,
worthy constables. Tfiey do not believe that mere raising of pay will make
officers honest ; nor do they believe that the necessary qualifications of a con¬
stable are such as to demand a high rate of pay. They think, however, that
the minimum rate of pay should be so fixed as to give a man of the class
required a reasonable “ living wage. ” He ought to be placed above the necessity
for eking out his pay by mean or dishonest practices : having secured this, the
Government must trust to effective supervision to prevent abuse. The same
minimum may not be suitable for all provinces, or even for all parts of the same
province. Each Local Government should be left to fix the minimum for the
province, and occasionally for certain parts of the province, in full consideration
of the ordinary wages of unskilled labour therein, and of the special circumstances
of police service. Among the conditions of police service to be considered are,
on the one hand, the qualifications required, which, though not of a very high
order, must to a certain extent limit the field of selection, and, on the other

hand, such advantages enjoyed by constables as free quarters, regular pay all the
year round, leave with allowances, and pension. There should be no deductions
or “ cuttings ” of any kind from constables' pay; and a constable should

receive “ batta ” or daily allowance of about two annas a day when sent on duty
to any considerable distance beyond the area of the station-house to which he
is attached. In consideration of these factors, the Commission would recom¬
mend that the minimum pay of a constable be not less than Rs. 8 a month.
There is no province in India where less than this minimum is reasonable. At
present, there seems to be no province, except Burma, in some parts of which this
minimum is not adequate ; but there are special tracts in some provinces in
which more may be required. This is for the Local Government to decide. In
Burma, the minimum pay of a constable must, in view of the price of labour, be
fixed at about Rs. 12. Having fixed the minimum rate for each province or
part of a province, the next question is the raising of pay after a certain period
of service.^ The great object is to induce men to remain in the police by giving,
them definite hope of some increase in emoluments, if their service is approved.
The grade system of promotion does not secure this: it is uncertain in its

operation ; and this uncertainty is fatal in the case of men on such low pay.
The first increase of pay also comes too late, and resignations in the first years
of service are very numerous. The Commission would, therefore, recommend
that to the minimum fixed as above there should be added one rupee per mensem
after three years of approved service from date of recruitment, and another rupee
after five years more cf approved service from date of the first increase. This
would tend to keep men in the service for at least eight years; and after that
their claim to pension and their hopes of promotion to the head constable class
would probably be strong enough inducements to remain ; but it would undoubt¬
edly make police service more popular to offer another increase of one rupee at
the end of seven years more (i.e., a total of fifteen years) of approved service,
and the Commission recommend this. Thus the pay of constables would run
(except in Burma) from Rs. 8 to Rs. io or Rs. n, with local allowances where
the minimum of Rs. 8 is deemed too low. In Burma it might run from Rs. 12
to Rs. 16, or Rs. 18 with increments of two rupees. The Commission do
not recommend any other form of good-conduct pay than the increments
thus to be granted for approved service. The system of good-conduct pay,
as worked at present, is everywhere found to be unsatisfactory and productive
of heart-burning and discontent. Mere good conduct is best rewarded by
increments of pay after certain terms of years, as proposed above. But specially
good service demands special rewards. These should take the form of ( a ) good
service entries in the character book or long roll, which would form a permanent
record and might lead to promotion; ( b) good service stripes, which a man would
always feel proud to display and explain; and ( c) money rewards, which, if
given promptly and with reasonable liberality, are the most acceptable form of
reward for any special act of good service. The character book or long roll
would, of course, contain a record of the last two forms of reward.

57. Head constables ought not to be employed ordinarily as investigating

officers. They ought not, therefore, to be

Head constables, , . , . , ,

put in charge of police stations. A head
constable may have to take up investigations or to hold charge of the police
station in the absence of the Sub-Inspector [Criminal Procedure Code, section
4 (/>)] ; or he may be deputed to conduct simple investigations (section 157).
But he ought not to be placed in charge of a police sta tion; and, where the
investigation work of the station is more than one officer can be expected ordin¬
arily to deal with, a second Sub-Inspector should be appointed, so as to prevent
the head constable being much employed in this way. Head constables are every¬
where described as “ ignorant and inefficient ” : they cannot be otherwise, in respect
of such work as investigation, on any reasonable scale of pay. Yet they are found
in charge of police stations in every province. Sometimes an allowance is made to
a head constable for the charge of a station, as if that would turn a low paid
servant, generally recruited from the lower strata of society, into an honest and
efficient officer. The system has failed and is condemned. Opinion is all but
unanimous in favour of relegating the head constable to the inferior service, and
putting Sub-Inspectors everywhere in charge of police stations. The Commis¬
sion regard this as the measure of reform most urgently required. The duties
of a head constable should ordinarily be the command of a party of police
detailed for guard, escort or similar duty, the charge of an outpost established
for the protection of the public, but not as an investigating centre, the clerical

work of the station*house, and assisting the Sub-Inspector in any police matter
As he is not ordinarily to have the responsible work of investigation, it is no
necessary to pay him the salary required to secure a trustworthy and efficient
investigating officer. He is rather to be a non-commissioned officer of police,
employed either in subordinate authority over a certain number of constables
or in clerical work. Suitable remuneration for such duties would be from Rs. 15
to Rs. 25 per mensem ; and the Commission would recommend that scale of
pay in three grades. In Burma, it may be necessary to fix the pay Rs. 5 higher
than in the rest of India. The senior station-writer should never be below the
rank of head constable, i.e., he should never receive less than Rs. 15 per mensem,
but he should receive no special allowances. His duties are very important; and
the complaints of the inefficiency and corruption of the constable-writers are
universal. The Commission do not recommend direct recruitment for the rank
of head constable; they think that, except in the rare cases where it may be im¬
possible to find among the constables a qualified station-writer, every vacancy
among head constables should be filled up by promotion from the ranks. This
will offer a fair prospect of promotion to intelligent constables, and will serve as
an inducement to men of that class to qualify by good work and improvement
in education for the higher office.

58. The Commission are strongly of opinion that a clear line should be drawn
, . . above the head constable class: above

Sub-Inspectors: their recruitment.

that line the service should be regarded
as requiring a superior class of man to that found below it. They think, as
already stated, that Government ought to aim at investigation being entrusted to
the Sub-Inspector class, and at inferior officers being ordinarily excluded from
this work, except under the direct supervision and orders of the Sub-Inspector.
Every police-station, therefore, should be placed in charge of a Sub-Inspector ;
and if the work of investigation in any station area is more than one officer
can carry out, then a junior Sub-Inspector should be added to the staff to assist
the officer in charge. Investigations by constables and head constables are
admitted everywhere to have been the most effective cause of abuse ; and every¬
where the demand is for improvement in the class of investigating officers. Some
Governments have already realised the necessity for this as being one of the
most obvious remedies for corruption and inefficiency in investigation. They
have ordered that police stations shall not be placed in charge of any officer lower
than a Sub-Inspector on Rs. 50. But they have not succeeded in achieving the
reform they expected, because they have not improved the class of Sub-Inspector,
but have maintained the general rule which promotes head constables to that
class. The great majority of the best official and non-official witnesses are
strongly of opinion that this rule ought to be abolished, and that Sub-Inspectors
should ordinarily be recruited direct. Almost everywhere throughout India the
Sub-Inspectors are generally credited with all the corruption that characterizes
the lower ranks of the police; and the faults of these lower ranks are attributed
in some part to them. They are neither honest and intelligent themselves,
nor are they capable of enforcing honesty and maintaining discipline among
their subordinates. In other departments of the public service the best results
have followed from abandoning the system of promotion to responsible office of
men w r ho have acquired their principles and habits of work in ministerial or
subordinate employment, .and by recruiting direct for the higher posts men of

•some social status and education. In the police department this is specially
necessary ; and yet, strange to say, it has not been carried out. The indifference
hitherto exhibited regarding the character and qualifications of officers in charge
of police-stations is inexplicable. The grievous results of this blunder seem to
be almost universally recognized ; yet the system has been permitted to conti¬
nue with only spasmodic effort here and there at reform. The Commission
strongly urge the introduction everywhere of the system of direct recruitment
and special training of Sub-Inspectors to be employed as investigating officers.
They would leave the rules for recruitment to be drawn up by Local Govern¬
ments. Certain physical qualifications are necessary, and these need not be pre¬
cisely the same in every province ; but the Commission are of opinion that the
age should not be lower than 21 nor over 25 years. Educational qualifications
are essential; and these must depend on the state of education in each prov¬
ince : in no case, however, ought the standard to be lower than the University
Matriculation or School Einal Examination. Good moral character and social
position are perhaps the most important of all the qualifications, and at the same
time the most difficult to gauge. Where any real endeayour has been made to
secure that candidates possess these qualities, dependence has usually been
placed upon the certificate of the District Magistrate ; and, provided that this
certificate is based upon personal knowledge and not on the unchecked reports of
subordinates, the method is a good one. The Commission would, however, modify
it somewhat by requiring lists of candidates to be prepared by Commissioners,
with the assistance of District Magistrates and Superintendents, who should be
at liberty to forward to the Commissioner the names of any lads whom they
consider suitable. Much useful information about the character and capacity of
youths can be furnished by heads of colleges and schools ; and their help and
interest should be freely sought. Commissioners should forward their lists to
the Inspector-General to be embodied in his general list of candidates for nomi¬
nation. How far the system of nomination should be modified by competition is
a matter which depends largely oh the circumstances of each province, and ought
to be left to the Local Government to decide. Provided that the Government
insist on the importance of securing duly qualified men, and on the exercise of
care in nominations and appointments, this direct recruitment, if combined with
the inducements of improved pay and prospects, and with adequate training of
the probationers, ought immeasurably to raise the tone of this class of officers.
The Commission would strongly recommend that appointments to it be made by
direct recruitment, and that promotions from the class of head constable be
distinctly exceptional. The Commission have had clear evidence that suitable
candidates cannot be obtained, nor can men directly recruited be expected to
retain a high tone, so long as the great bulk of officers are promoted from the
ranks and the service remains generally corrupt. They would, therefore, care¬
fully limit the number of promotions from the head constable class to a small
percentage of the vacancies amongst Sub-Inspectors. They would not abso¬
lutely close the door of promotion against a specially deserving and efficient head
constable; but such exceptional promotions ought to be strictly limited, and
should in no case exceed 15 per cent, of vacancies.

59. The training of Sub-Inspectors demands careful attention. It has failed

generally in that it has been unsystematic
Training of Sub-inspectors. and inadequate, and has been entrusted to

inferior agency. A probationer has been at best attached to a police station to

learn his work; the pupil is not above his teacher ; and the best that can be ex¬
pected is that, when his course of tuition is complete, he shall be as his teacher.
The school to which the probationer was sent was not of the best. Many a
bad lesson was learned. The course of instruction was not carefully enough
considered. And the teacher, such as he was, was not able to give adequate
attention to his pupil. The Commission consider that in every province there
should be a well-equipped provincial training school for the training of officers of
the rank of Sub-Inspector and upwards. It should provide, among other matters,
for instruction in criminal law and the law of evidence, in police procedure and
practice, and in the habits and customs of the criminal classes. Arrangements
for practical training in station-house work should be made by placing some
of the neighbouring police stations under the Principal of the school. Care
should also be taken that the discipline and tone of the school are of the
best, and that special instruction is given in regard to the manner in which
police officers should conduct themselves towards the people. To secure this a
thoroughly competent Principal is essential: ordinarily he should be a carefully
selected Superintendent of Police, though selection should not be confined to the
police department if a thoroughly competent officer is not available. The Prin¬
cipal should be given the pay of his rank plus a local allowance of Rs. ioo a
month. It is also desirable to provide for careful supervision by the superior
officers of the Police Department, and for inspection by the Commissioner, the
District Magistrate and an officer of the Education Department. Every candi¬
date appointed direct to be a Sub-Inspector or to any higher rank in the police
should be compelled to undergo training as a probationer. This training should
consist of a full course at the provincial training school, to be followed, in the
case of a Sub-Inspector, by a probationary year of practical training as the junior
Sub-Inspector under a good officer in charge of a police-station, where he would
be able to do investigation work and other station-house duty under efficient
supervision. The outlines of a curriculum for this provincial training school
are given in Appendix IV.

60. In determining what proposals to make regarding the pay of Sub-

Inspectors the Commission have been in-

Pay of Sub-Inspectors. n . . ,, • . . .,

nuenced by the experience gained m other
departments as to the pay necessary to secure the services of the kind of men
required for police officers of this rank. Thus, for example, the Sub-Inspector
ought to be an officer of status and intelligence not inferior to that of the naib
tahsildar. His pay should, therefore, begin at Rs. 50, and run by grade pro¬
motion up to Rs. 80. Where this matter has attracted due attention, Local
Governments had already fixed the pay on this basis; and the Commission
believe that with direct recruitment, adequate training and improved prospects,
this pay is enough to secure the class of officers required. They would also
propose to give a horse allowance of Rs. 15 per mensem, as an investigating
officer ought to keep a pony. They do not recommend any other allowances :
allowances for the charge of a police station are undesirable and unnecessary,
provided that the pay is adequate. They would, however, recommend that, if
the probationer desires it, a reasonable advance should be sanctioned on
approved security to enable him to purchase uniform, horse and accoutrements,
such advance to be repayable by monthly instalments of 20 per cent, of his
salary, commencing six months after he passes out of the provincial training
school. Finally, they would recommend that the pay of a probationer while

at the school should be Rs. 25 a month. Sub-Inspectors should be borne on
district lists, and be promoted within their districts ; for they should look to their
Superintendent for advancement. But the Deputy Inspector-General should
have the right to redress any great inequalities of promotion among the districts
included within his range. Promotions should be made by the Superintendent,
subject to the right of veto of the District Magistrate, who should be con¬
sulted before the appointment is announced.

61. It has been already stated that the Commission have found the arrange-
, . . . ments for supervision of police work very

Inspectors: their duties. 1 / J

defective. This is a grievous defect; for
no class of officers employed on police work can be expected to perform it satis¬
factorily, unless they are supervised by officers whose experience and character
fit them to detect and check mistakes and abuses. One of the means by which
it is proposed to remedy this defect is by an improved system of supervision by
Inspectors. The present system fails in several respects. In the first place, the
Inspectors, being ordinarily promoted from the ranks, are not men of the
qualifications, character and influence required. Secondly, they are too few in
number, and too much occupied with investigation, to be able to do much effective
inspection. Thirdly, they have not usually a definite charge ; their inspections
are, therefore, spasmodic and ineffective; and they have no clear sense of respon¬
sibility for police work. In all these respects the Commission would propose to
improve the existing system.' As to the class of men required, ,the Commission
think that they would usually be best secured by selecting good men from
among the Sub-Inspectors. Their necessary qualifications would be established
by their appointment to the rank of Sub-Inspector, by their training for that
office, and by the good work done since. The promotion of Sub-Inspectors
would also give that class such reasonable prospects as would attract good men.
The Commission would, therefore, propose that Inspectors should ordinarily be
carefully selected from among the Sub-Inspectors, but that Government should
reserve to itself the power to appoint a certain number (not exceeding 20 per cent,
of vacancies) direct. Men appointed direct would have to be trained at the
provincial training school. To remedy the other two defects in the present
system, the Commission would propose that the number of Inspectors should be
so fixed as to allow of one Inspector being placed in charge of a circle, the
area of which should be determined by the consideration that while he should be
fully occupied, he should at the same time be in close touch with all the investi¬
gating officers of his circle, the boundaries of which should be coincident with
those of a taluk or some similar revenue sub-division of the district, t.e., to
include one or more of these. He should reside in that circle and should be
responsible to the Superintendent for all police work within its area. He should
not ordinarily conduct investigations, but supervise. The responsibility for
investigations should ordinarily rest with the officer in charge of the police
station; but the Inspector should keep himself informed of what is going on
within his charge, should take special note of the progress of important cases,
and should be ready to assist in any investigation where his assistance seems to
be required. The necessity for some such system has been generally felt. In
some parts of the country it has led to such schemes as that whereby a chief
constable in Bombay, or a Sub-Inspector in one or two other provinces, is placed
not only in direct charge of his own police station but also in general charge of

several other police stations (generally called outposts), the officers in charge pf
which are head constables. This system is unsound, both in placing an inferior
officer in charge of each of these outposts, which are really, though not theoretically,
subordinate investigating centres, and also in weakening the responsibility of each
officer for his own charge. It was adopted merely on grounds of economy,
and admittedly, tends to inefficiency. The system which the Commission regard
as essential is to make the officer in charge of a police station wholly responsible
for all the work of his charge, and to have an Inspector in charge of a circle
including several police stations, and responsible for the supervision, control
and general efficiency of all police work therein.

62. The Inspector ought to occupy a position similar to that of the tahsildar

(or mamlatdar). His police duties and
Pay of inspectors. responsibilities are similar to those of the

tahsildar in the revenue department; and it is essential to place the two depart¬
ments on practically the same footing, or it will be impossible to secure good
men for the police. The same kind of men should be attracted to both services.
The Commission therefore propose that the pay of Inspectors should run from
Rs. isotoRs. 200, with a few special appointments on Rs. 250 reserved for
thoroughly deserving Inspectors who are nevertheless unfit for further promotion.
This is the pay given in most provinces to tahsildars, with the reservation of a
few appointments on Rs. 250 for officers who, though specially good tahsildars,
are unfit for promotion to the Provincial Service. In addition to their pay, In¬
spectors should receive travelling allowance at the rate of one rupee per diem when
absent from headquarters. It is better in their case to give a daily travelling
allowance than a fixed horse allowance, for it serves as an inducement to them
to go on tour. There are some tracts where it may be necessary to have
special rates of travelling allowance, owing to special expense of carriage; but
the rate above specified is generally appropriate. For Inspectors in charge of
towns and for Prosecuting and Reserve Inspectors a fixed horse or conveyance
allowance would be more suitable.

63. In proceeding to discuss the superior officers of the department, it will

be in some respects convenient to deal first
Superior officers. with the Superintendent. It has been pro¬

posed by some witnesses that Superintendents should be recruited from the
ranks of the Civil Service, and that they should be of the status of Assistant
Collector, and eligible for police work until they reach that seniority which would
entitle them to the office of Collector. The expense of this proposal, if it
were to be carried out so as not to injure the flow of promotion in the Civil
Service, the fact that it would eliminate all chance of having officers of great
experience among the Superintendents, and the inexpediency of completely
fusing the police with the revenue and magisterial departments, are among
the obvious reasons which have led to the almost universal rejection of this
proposal by thoughtful and well-informed witnesses. The Commission regard
it as quite impracticable and undesirable. They would support the present
system of a separate department for which officers are recruited as Assistant
Superintendents. They think that the recruiting of Assistants must be
limited to the number of officers required for superintendentships and higher
offices; i.e., it must be regulated by the number of vacancies occurring among

these higher appointments, and by the number of years during which an officer
must serve as an Assistant before he is fit for the office of Superintendent. As
to the method of recruitment, the old system of nomination utterly failed. It is
universally condemned. A few good Superintendents have undoubtedly been
obtained under that system ; but, as a whole, the service suffered incalculable
injury from the manner in which appointments were made. The new system of
appointment by competitive examination in England has been more successful;
and the majority of the young men who have joined the service in this way during
the last few years give promise of being fairly good officers. Co-existent with
this is another system whereby appointments are made by competition among
nominated candidates in this country. This method of recruitment is condemn¬
ed by the great majority of witnesses who have considered the question. In
some cases, most unsuitable young men, sometimes without any sound education,
have been nominated and have gained appointments. In other cases, young men
who have failed at the examination in England have come out to this country and
secured appointment under this system. While there have been undoubtedly
one or two promising men who have thus entered the service by nomination and
competition in this country, they are wholly exceptional; and there is, as a rule,
no apparent reason why these should not have entered it by competition in
England. One other way of entering the superior ranks of the service is by pro¬
motion from Inspectorship. As regards Europeans, this is now universally ad¬
mitted to be inexpedient and objectionable. As regards Natives, this system of
promotion has been discredited by the blight which the prevailing rule of pro¬
motion from the ranks has cast over the whole native police service.

64. In regard to the recruitment of European Superintendents, it has been

already stated that the new system of com-
Recruitment and training of European officers. p e titive examination in England has been

more successful than the system which preceded it. At the same time, the Com¬
mission believe that it is capable of very considerable improvement. There is
still too often a want of application to work, of personal dignity and sense
of responsibility, and of consideration for the feelings of subordinates and of the
people, which indicates defective education and training. There has been a good
deal of evidence on this point, and several suggestions for improvement have
been made. One of these is that the police service should be recruited from
among the highest on the list of candidates who fail to pass the Indian Civil Ser¬
vice Examination. A somewhat similar suggestion is that the police service should,
like the Home and Colonial Services, be amalgamated with the Indian Civil
Service for the purposes of this examination. The Commission have rejected
both these suggestions, partly because they are not prepared to say that precisely
the same age or class of men is required for the police as for the Civil Service ;
and mainly because they think that men would not work contentedly in the
police in the same district or province, alongside of their contemporaries in the
Civil Service, unless the Government were prepared to make the former as attrac¬
tive a service as the latter. Unless this is done, men cannot well be appointed to
the two Services by the same examination. The Commission are inclined to main¬
tain the two essential principles of the present system, vis., that selection should be
by competition on the same conditions as at present, and that the competition should
be among lads with a good school education. But they would propose modifica¬
tions to secure a special training of successful candidates in England, and a
further development of their character before coming to this country. At present

4 8

the age for examination is from 19 to 21. As most boys leave school at 1 8,.
the candidate has either to mark time, or to go to a crammer’s, for a year.
On passing he is sent out, often at the age of 19, to face the world for the first
time in a new country, where his youth exposes him to many moral and physi¬
cal dangers. When he reaches India, he is placed, to acquire some knowledge
of the vernacular and of law and procedure and to learn his duties, under a
Superintendent who has little or no leisure to attend to his training. He has
an inducement to work in the necessity to pass certain examinations ; but
these are not a sufficient test ; and it is very difficult to get rid of an unsatisfac*
tory probationer after he has come out to India. The results of this system are
not—and cannot be—satisfactory. The Commission would propose that the
age limits for admission to the competitive examination should be 18 to 20, so
as to catch lads when they leave school. To this should be added a probationary
course of training at an English residential university, where there is a Board
of Indian Studies, with efficient arrangements for instruction in Criminal Law
and Practice (including notes of cases in Court), Indian vernaculars and Indian
history, geography and ethnology. This probationary course should extend
to two years. The Commission have received strong evidence of the great
value to members of the Civil Service of the experience gained in reporting
cases in the English Courts, and of the great importance of the second year
of training. It is beyond the scope of their inquiry to refer to the reasons
which seem to have led to the change of system in regard to that service.
The main point is that it has been decided to aim at securing university men for
the Civil Service. The age for competition is therefore fixed three years higher
than that now proposed for the police, and it would not be expedient to add two
years’ training. But the Commission would strongly urge the adoption of the
proposals they make for the police. They have received the strongest evidence
that a thorough grounding in vernacular and law can be given far more
efficiently in England than in India, that the reporting of cases in Court
under competent supervision is one of the best means of instruction, and
that the second year of work in England is much more valuable than the
first. Meanwhile the probationer should be encouraged, or perhaps even
required, to take one of the university courses up to the end of his two years’
residence. Instruction should also be given to police probationers in riding;
and they should be required to join a volunteer corps and become effi¬
cients. There should be periodical examinations in the special subjects
above mentioned; and every probationer should furnish certificates of his
carrying on the university course, if it is considered necessary to require this.
All this would tend, not only to develop his character, but also to test his fitness
for the career before him ; and it is much more easy, because more reason¬
able, to enforce the penalty of failure against a probationer in England than in
India. The probationer should receive an allowance ^iooa year during his
two years’ probation, giving security for the refund of these monies if for any
cause he fails to proceed to India. Any candidate who wishes to complete his
university course should be allowed to remain for another year in England for
that purpose, without loss of seniority, but without any allowance for that year.
This would encourage selected candidates to secure the great advantage of a
full university education. The seniority of candidates should be determined by
the combined results of the periodical examinations. In addition to this
probationary training in England, a session at the provincial training
school in India is essential. Special attention would there be given to the

colloquial use of the vernacular and to practical police work. After such a course,
the successful candidate would be ready to enter on the discharge of his duties
as an Assistant Superintendent, though he may still have departmental exami¬
nations to pass. Seven years of work as an Assistant following on this train¬
ing (with short terms of duty as Officiating Superintendent) ought to be enough
to fit him for the efficient performance of the duties of Superintendent. The
Commission believe that this system is certain to secure a class of officers
very superior to those now recruited, and thoroughly fit to make excellent
Superintendents.

65. The Commission consider that the pay and prospects of the superior

police officers should be very consider-

Pay of European officers. , , . . * , . . 1 •

ably improved. At present their pay gene¬
rally runs from Rs. 250 to Rs. 400 for Assistants, and from Rs. 500 to Rs. 1,000
for Superintendents. The Commission consider that these rates of pay are not
adequate as compared with those of officers in other departments in which no
higher qualifications are required nor greater responsibility involved than in
the police. They are too low to attract suitable men to the police service, when
the facts are fully known ; and it is perhaps significant that the candidates who
joined the police in the first year of the competitive system are among the most
promising officers that system has produced* The initial pay of an Assistant
is too little for a young man to live on respectably in India, when he has to
keep a horse and cannot make cheap arrangements for his board and lodging.
And if he is to be eight years an Assistant (as he ought to be) before
reaching a Superintendentship, the pay of the highest class is altogether in¬
adequate. Similarly, Rs. 500 is altogether too little pay for an officer of eight
years’ service, to whom is entrusted the charge of the police of a district; and
the present scale of pay of Superintendents holds out too poor a prospect and
leads to much discontent among the senior officers. The Commission therefore
propose that the pay of Assistants should run from Rs. 300 to Rs. 5 00 in three
classes, and that of Superintendents from Rs. 700 to Rs. 1,200 in five classes.
They would advocate promotion by seniority through all these classes, except
that no promotion should be given to any Assistant until he has completed
his school course and also passed the prescribed tests ; that it should be clearly
understood that no Assistant should have a claim to promotion to be Superintend¬
ent, if the Government holds him to be unfit for that office ; and that no Super¬
intendent should receive promotion beyond the Rs. goo class if he is considered
unfit to hold charge of the police of any of the more important districts. The
Commission do not think that local allowances should be attached to any parti¬
cular district: these were reasonable when the pay of officers was too low, or
when the reward of good w r ork in promotion by selection to offices higher than
that of Superintendent was inadequate ; but they will not be required if the
proposals of the Commission are accepted. There is a proposal urged by many
witnesses which meets with the approval of the Commission, that Assistants on
coming to India should receive, on due security, a reasonable advance for the
purchase of uniform, horse and equipment, such advance to be repaid in
monthly instalments of 20 per cent, of salary. Police officers receive travelling
allowance under the Civil Service Regulations ; but the rules regarding provision
of tents and their carriage are sometimes ( e.g ., in Bombay) illiberal and involve
hardship.

5 °

66. The main object of appointing European Assistants is to secure fully

qualified officers for the post of District

Recruitment and training o£ Native Officers. „ . . . . j .v . • 1 rr

Superintendent and the higher offices in
the police department. And the number of Assistants should be limited to
what is necessary (about 77*3 for every 100 superior appointments) to supply
fully trained men to fill these higher offices. This number of Assistants,
however, is not sufficient for the requirements of police work. The
Superintendent requires one or more Assistants to help him in the discharge of
his duties of control and supervision and to relieve him of the routine of office
work, so that he may be free to tour about his district, and become personally
acquainted with his officers and their work, and with the people and their inter¬
ests. The Commission recommend that the additional number of Assistants
required should be supplied by a class of Deputy Superintendents in a provincial
service, who should have the same departmental status as Assistants. The
number of these should be fixed on the principle of one qualified Assistant or
Deputy Superintendent in every district, and one or more extra in any district
where the work demands this additional strength. One-half of the vacancies
among Deputy Superintendents should be filled up by careful selection from
among qualified Inspectors. This would offer a good career to, and would be a
great encouragement to good work among, Inspectors and Sub-Inspectors. The
vacancies not to be filled up from the Inspector class should be filled up from
natives of India, who have qualified for the provincial service in the revenue, judicial
or police department, and are judged by Government to be fit physically, morally
and otherwise, for employment in the superior police service, the Government also
reserving to itself the right to appoint to this class any Native officer already
employed in the provincial service in any of these departments. If any officer
who has had no police experience is appointed to the Deputy Superintendent class,
he must pass through a course in the provincial training school.

67. The Commission have also carefully considered the question whether

_ . , natives may be employed as Superintend-

ents ; and they have heard the views of
many witnesses on this point. They are of opinion that, in provinces where the
ordinary circumstances prevail, it is both safe and expedient to throw open
some Superintendentships to natives. They are bound to record that experience
in the police department has not been wholly favourable to this view. But it
must be borne in mind that the Native officers who have been tried as Superin¬
tendents, and of whom the reports are not usually favourable, have generally
been promoted Inspectors who have risen from the lower ranks of the force

and been too deeply imbued with their characteristics to make good Superintend¬
ents, and also too old for very efficient service. The experiment has thus been
made under very unfavourable circumstances. On the other hand, experience
in other departments is decidedly encouraging. The provincial services have pro¬
duced some excellent judicial and executive officers. Many Magistrates and
Collectors have spoken in strong terms of the enormous advantage that must
accrue to a Superintendent from having the assistance of such an officer as some
of their native subordinates, and of the probability that selected officers from
among that class might prove fully qualified for the charge of the police of a
district. At present, such officers do not exist to any extent in the police ; but
they do exist in other departments ; and, if the proposals of the Commission are
adopted, they will before long be available in the police department also. They

should be employed as far as possible. It is more than desirable—it is incum¬
bent on the Government—to use native agency to the utmost extent possible with¬
out seriously impairing the efficiency of the service. The employment of natives
as Superintendents, however, is more or less an experiment; and, therefore, it must
be carefully and gradually introduced. To proceed too rapidly is to court failure.
But it is an experiment of a hopeful character, and, therefore, it ought to be
tried within reasonable limits wherever circumstances permit. There may be
districts and even provinces where the turbulence or religious and caste animosi¬
ties of the people render this experiment inexpedient, but there are places where
it may safely be tried. It should be limited to these to ensure a fair trial. To
this end also, no native should be appointed a Superintendent unless he has
shown himself likely to succeed by good work either as a Deputy Superintend¬
ent or in some other department of the public service. To secure that the ex¬
periment shall be fairly tried, a certain number of Superintendentships should be
reserved for Native officers. For the present this number cannot be definitely
fixed ; for, as already stated, suitable police officers are not everywhere available.
It must be left for decision after experience has been gained of the working of
the system. A beginning should, however, be made at once wherever the circum¬
stances of the province allow: a few men at least are available in every province.
There are only two provinces in which the Commission anticipate any real diffi¬
culty owing to the character of the people. The Lieutenant-Governor of the
Punjab foresees serious difficulties in giving effect to this scheme; and the Chief
Commissioner of the North-West Frontier Province considers that it would be
absolutely impracticable there. Elsewhere there seems to be no reason why a

beginning should not at once be made.

68. In view of the pay given to the provincial services in other departments,

and with the object of attracting to the
Pay of Native officers. police service men of similar character and

qualifications, the Commission would propose that the pay of Deputy
Superintendents should run from Rs. 250 to Rs. 500 in four classes, and that
the pay of Native Superintendents should run from Rs. 600 to Rs. goo. It
might be urged that, with the object of attracting the best men, the same pay
might be given to Native Superintendents as to Europeans of that rank, especi¬
ally as the number of such appointments must for some time to come be few.
But, on the whole, the Commission are inclined to follow the analogy of the pro¬
vincial services in other departments ; both because it is just that, when Euro¬
peans have to be brought to India to fill certain appointments, their pay should
be fixed at the higher rate necessary to enable them to meet their expenses both
in India and in England ; and also because natives of the best class will be
attracted by the lower scale of pay, and the economy resulting from its adoption
will serve as an inducement to Government to employ them wherever that is

possible without injury to the public service.

69. Their colleague, the Maharaja of Darbhanga, does not wholly concur in

the views of the Commission which have
Dissent of the Maharaja of Darbhanga. p, een se t forth in the last few preced¬

ing paragraphs. He urges that the superior officers of the police—both
European and Native—should be recruited by one examination. He would have
open competition both in England and in India, without distinction of race. The
Commission are unable to accept his view for several reasons. In the first place
every province is not ripe for open competition; the Commission are not prepared

to affirm of any province that it is so ; that is a matter for Government to decide.
The qualifications required and enumerated by the Maharaja are not directly
tested by competition and cannot infallibly be secured thereby. The best means
to secure them depends on circumstances which must be carefully considered.
In the second place, the Commission are strongly of opinion that it is
absolutely essential to have a certain proportion of Superintendents enlisted from
among Europeans trained in Europe. It is almost universally admitted, and the
Maharaja himself admits, that it is at present absolutely necessary for the effi¬
ciency of the service to have a large proportion of European Superintendents,
and their recruitment must be secured. To enlist them that method should be
adopted which will secure the best type of European. This is what the Commis¬
sion have aimed at. They do not believe that a good type of European is
generally obtained by any system of recruitment in India. They regard English
education and home associations as of supreme importance in the formation of
the character of an Englishman. The method they propose, therefore, for the
recruitment of Europeans is recruitment by examination in England. But in the
third place the Commission are by no means confident that examination in
England is a suitable method of securing the best natives of India for the
Police. The best native is not necessarily the man who has, as a boy, been
sent away from all his home associations to England for education; and
as several witnesses have pointed out, a Native police officer is not the better
for having lost touch with his people. In any case, the native belongs to India
and, wherever it may be expedient to educate him, the examination by which his
fitness for the Indian service is tested ought to be in India. In the fourth place it
is essential to have different methods of recruitment for Europeans and natives
because it is essential for the Government carefully to control the relative propor¬
tion of these two classes in the superior police service. This is the principle on
which the proposals of the Commission are based, a principle which their col¬
league has apparently failed to grasp. A certain proportion of Europeans is re¬
garded as absolutely necessary, and the Government having fixed that proportion
must be in a position to secure their enlistment. As regards the appointments
which may be open to natives, what is required is to adopt the most effective
means of securing the best class of officers, and this is the object of the Commis¬
sion’s recommendations. As regards the question of ‘ designation or class,’ to which
the Maharaja seems to attach much importance, the Commission have already
recommended that the Deputy Superintendents should have precisely the same
departmental status as Assistants. They proposed the designation of ‘ Deputy
Superintendent ’ on the analogy of the Provincial Civil Services, and because
the object of the appointment of Deputy Superintendent is different from the
appointment of Assistant, the latter, as already stated, being intended mainly for
the training of the necessary European Superintendents. At the same time the
Commission do not attach much importance to a name. As to the salary to be
paid to these officers, the proposals of the Commission are more liberal than those
of the Maharaja, whose “ two-thirds ’’ fraction of European pay would mean
small pay to Native officers doing the work of Assistant.

70. Passing now to the higher classes of inspecting officers, the Com¬
mission find that adequate advantage has not been taken of the provision

„ , of the law which permits the appoint-

Deputy Inspectors-General. , , ^ r

ment of such Deputy Inspectors-General
as to the Local Government shall seem fit." In all provinces these officers are too

few in number. Some of their most important duties are entrusted to Commissioners
and District Magistrates and many of them are entirely neglected. They are prac¬
tically confined to work of a comparatively unimportant character ; and their use¬
fulness is consequently impaired. The Commission would, therefore, propose to
increase their number and to place a Deputy Inspector-General in full administrative
charge of a range comprising as many districts as he can reasonably be expected
to control. This arrangement will not only lead to the maintenance of a higher
standard of work among Superintendents, but also to their more cordial and intelli¬
gent co-operation with one another. One Deputy Inspector-General in each^
province should be placed in administrative charge of the railway police; and it will
be both convenient and expedient to place him also in charge of the Provincial Cri¬
minal Investigation Department, the constitution and objects of which will be dis¬
cussed later. Deputy Inspectors-General should be carefully selected from among
the Superintendents. Their pay should run from Rs. 1,500 to Rs. 2,000 in
three classes. These appointments should be regarded as the highest prizes abso¬
lutely reserved for the police department; and officers holding them should be
eligible (like Superintending Engineers) for the special pension of an additional
Rs. 1,000 a year provided for in the Civil Service Regulations. The hope of
securing an adequate pension on retirement constitutes a strong inducement to
enter a service; and there is no reason why this inducement should not be offered
in respect of the police service. It would also give much satisfaction to the great
majority of officers in the police and render the service more attractive if a
system of providing small pensions for widows and children by compulsory contri¬

butions during service could be arranged. The Commission can in this matter
do no more than give expression to the general desire for such a system, and to
their opinion that, if practicable, it should be adopted.

71. The Commission thoroughly approve of the provision of Act V of 1861,
„ that the administration of the police

Inspector-General. , , , , , .

throughout a province shall be vested m
an Inspector-General, who should be the departmental head of the police force.
After consideration of all the evidence that the Commission have heard on the
subject, and their experience of the duties and work of the Inspectors-General, they
are of opinion that this office should for the present ordinarily be held by a select¬
ed District Magistrate. They do not think that the door should be absolutely
closed against the officers of the police department; but their experience is, that

ordinarily the training of a member of the Civil Service fits him better than a

police officer to take broad views of administrative matters and to deal with
intricate, difficult and important questions. He has also ordinarily more weight
with other departments, especially in cases of difference between Superin¬
tendents and District Magistrates. The Commission do not approve of the

proposal made by some witnesses to make the Inspector-General a Secretary to
Government. They regard this as inexpedient, in that it necessitates his being
too much at head-quarters, and also deprives the head of the Local Government
of the advantage of independent criticism of his action and proposals. At the
same time they are strongly of opinion that he should have periodical access to
the head of the Local Government, and that unofficial references between him
and the Secretariat should be freely used in the discussion of any police matters
under consideration. They would propose that his pay should be Rs. 2,500
rising by annual increments of Rs. 100 a month to Rs. 3,000, so as to secure his
tenure of office for a considerable period of years; and that his status should be

that of a Commissioner. These proposals apply to the larger provinces. In the
Central Provinces and Assam it would be sufficient to give the Inspector-
General a local allowance of Rs. 250 a month in addition to his salary as a
member of the Commission ; and in the North-West Frontier Province to give
him a salary of Rs. 2,000 a month, which is the pay of a Deputy Inspector-
General of the first class. In the Central Provinces, the Inspector-General
should be relieved of the charge of the Jails, and in Assam of all the depart¬
ments now under him except Police and Jails. Both these Inspectors-General
tire overburdened at present.

72. The Commission now proceed to discuss the question of reserves.
These are of two classes: police reserved for special emergent duty, and the
ordinary reserves for filling up leave and other vacancies. The first class,

or armed reserves, are necessitated by

Armed police. .... . . , . . -

the principle that it is the function of
an efficient police, not only to prevent and detect crime, but also to secure the
peace and tranquillity of the country. The numbers, organization and equip¬
ment of the force must, therefore, be such as will enable it to deal both
promptly and effectually with tumults and local disturbances without the aid
of the military arm. On the other hand, it is the function of the army
and not of the police to suppress rebellion and to resist invasion. These
were the principles laid down and accepted in i860, and reaffirmed by the
Government of India in 1887. The inquiries instituted in the latter year
showed that the general principles of i860 had not been lost sight of in Madras,
Bombay, the Punjab and Berar; that in Bengal they had been allowed to
fall into desuetude ; that in the North-West Provinces they had been to some
extent deliberately set aside and to some extent forgotten ; while in the Central
Provinces and Assam they had not been kept in view. But even in those prov¬
inces, which had reserves for dealing with local outbreaks and disturbances, the
reserves were for the most part inadequate in numbers, imperfectly drilled and
disciplined, and armed with an inferior weapon.

73. In Bengal there is at every district headquarters a force of armed

police called “ the District Police Reserve,”
consisting as a rule of 25 men armed with

smooth-bore breech-loading sniders. These men are not allowed to be used
for any ordinary police duty without the sanction of the District Magistrate, the
object of this rule being to ensure that there shall always be available at head¬
quarters a small force of well-drilled armed men, ready to go at a moment’s notice
to any point of danger. Bengal also has four companies of military police, enlisted
under a special Act and stationed at Dacca, Hooghly, Bhagalpur and Dumka,but
the Commission see no adequate reason for maintaining this force apart from the
armed reserve. The military police are very seldom employed, and their
existence leads to attention being given too exclusively to the discipline and
efficiency of a very small part of the force, and to an undesirable emphasis being
laid upon the military side of a police officer’s duties, to the neglect of the large
body of other duties which are much more important. The armed reserve
can be trained to do efficiently all that is required, and the two forces should,
therefore, be amalgamated.

74. Mention has been made of the Bengal system of District Police Reserves

because, in the opinion of the Commis¬
sion, it may with advantage be adopted,

The Bengal system.

Recommendations regarding armed police.

subject to certain developments, as a model for all provinces. Under the
Bengal system the District Police Reserve consists of men who are kept either
permanently or for a long time in that force. This, the Commission think, is
not altogether desirable. They would prefer to have at the headquarters of
each district, or perhaps, where the districts are small, at convenient centres in
groups of districts, a body of armed police, called "The Headquarters
Force,” available for performance of all the guard, escort and orderly
duties at headquarters, including the supply of escorts to bring in treasure
and sometimes prisoners from subdivisional stations. A certain proportion
of this force should be kept in reserve, always ready, like the Bengal
District Police Reserve, for despatch at a moment’s notice to any place where
it may be needed. The strength of this minimum force will probably vary
with local circumstances, but ordinarily it might be fixed at 25 constables and
two head constables. The whole of the Headquarters Force should be in charge
of a European Inspector, preferably one who has served as a non-commissioned
officer in the British Army. It is believed that the military authorities would be
prepared to second officers for this purpose. Where the Headquarters Force is a
large one, the Inspector might be assisted by one or more European sergeants. It
is not, however, necessary to attach any Sub-Inspector to this force ; their special
training and attainments will be somewhat wasted in such a situation, and the neces¬
sary native supervision can be furnished by a good head constable of tne first grade.
It has been suggested that every recruit on passing out of the training school
should be required to serve for a certain time with his Headquarters Force; but
the Commission consider that it is desirable that the recruit should first have at
least one or two years’ work at a police station, in order that he may put into
practice and thus crystallize in his memory the lessons regarding his duty which
he has learnt at the school. But when this is accomplished, he might with
advantage be drafted into the Headquarters Force in order to refresh the know¬
ledge of drill and musketry which he acquired in the school. In some
localities it may be necessary to recruit direct for the Headquarters. Force on
account of the difficulty of obtaining otherwise men with, suitable qualifications.

75. In addition to the armed reserves there is in every province a consider-
■ ’ able body of armed police. In most cases

Division of force into armed and unarmed t Jje USfi 0 f the expression “ armed police ”
branches undesirable. ' r

is misleading, for the figures represent, not
a separate force, sharply divided from the rest of the police, but the number of
carbines at police-stations available for use by the station police. In some, prov¬
inces, however, the police are divided into armed and unarmed branches, and
though the members of the latter are instructed in the use of firearms on enlist¬
ment, they are not required to utilize this knowledge subsequently. The Com¬
mission condemns this separation of the force into two branches, as it imposes a
heavy strain on the armed branch or demands an unnecessarily extravagant scale
of establishment. This may be illustrated by the case of a police station which
requires, say, 20 men to perform what are called civil duties, such as beats, service
of warrants and the collection of information, and a number of armed police, to
furnish two sentries and to escort prisoners or treasure. Each sentry post requires
four men, but these men cannot be kept on duty with the guard night after
night, and there must, therefore, be a reserve of armed police to furnish reliefs.
If there is a rigid division into armed and unarmed police . this reserve is un¬
employed when not on guard, but where no such division exist the whole 'of the

5<5

station staff can take their turn of guard duty, and there ceases to be any ground
for the complaints of excessive night duty, regarding which there has been a con¬
siderable amount of evidence. The police force, therefore, should be homo¬
geneous ; all the members of it should be taught the use of arms and instructed in
drill; and this knowledge must be kept up by a periodical training at head¬
quarters, or by regular drill and target practice at their police stations, or by
both methods.

76. The scheme which has been sketched above will provide an armed

force sufficient for dealing with all disturb-

Mobilization of armed police. 1 • 1 . r

ances which are not of a very serious
character, while if, as proposed, every constable is trained to the use of arms and
his knowledge in this branch of his duties is kept up in the manner suggested, it
would be possible to mobilize in each district a comparatively large force of
armed police, capable of dispersing effectually even large masses of non-military
men. The Commission find that such a scheme exists in Madras, and they
recommend its adoption everywhere. Mobilization would of course necessitate
the withdrawal of men from station duties, but this would be temporary and
would be required only when justified by a serious emergency. If it was found
necessary to keep any force mobilized for a considerable time, more men could be
obtained in place of those serving with the mobilized force by stopping leave and
by employing chaukidars and pensioners for the lighter and less difficult police
duties. In order to avoid the withdrawal of arms from out-stations it would be
desirable to keep a small reserve of weapons in the headquarters armoury.

77. The foregoing remarks are not applicable to the military police of

Burma, Assam and the North-West Fron-
tier Province. Those bodies are for the
most part organized under military officers, and the circumstances of the country
in which they are employed are of a special character. The Commission are
doubtful whether the military police in Lower Burma, where they have no military
commandants but are distributed over the districts in much the same way as
armed reserves, should not at once be abolished, their place being taken by the
usual armed reserve or Headquarters Force described above; but they think that
this is .a matter which may be left for decision by the Local Government.

78. In Assam, Bengal and Madras there are no mounted police (except in the
„ , , .. two presidency towns), and the evidence

shews that they are not required in those
provinces. In Burma they appear to be used only as messengers, and their
utility for police duties is doubtful. Elsewhere the Commission are of opinion
that some force of mounted men is required. They are useful in large
cities, in places where dacoity is rife, especially if the dacoits themselves are
mounted, and on the borders of Native States; but they are a very expensive
branch of the police organization and they should not be employed unless the
necessity for them is clearly established. Except perhaps in the North-
West Frontier Province, they are not required, for example, as orderlies, for

which duty men mounted on bicycles are more efficient and less costly.

It was urged strongly by officers who gave evidence before the Commis¬
sion in Sind that, owing to the almost universal practice of travelling on

horseback, the long distances to be traversed and the character of the work on

the borders, the employment of mounted police is there a matter of first impor¬
tance. The Commission admit that there is force in this argument, but there
is evidence that the necessity for mounted men has been somewhat over¬
stated. In this, as in other matters, the isolation of Sind has prevented a com¬
parison with methods employed elsewhere and that may have conserved this
expensive force in undue measure. The Commission found some bodies of
mounted police armed with lances. They consider that a lance is not a suitable
weapon for mounted policemen, who should be armed with sword and carbine
and used rather as mounted infantry than as cavalry.

79. Turning now to the ordinary reserves, it must be noted that one of the
Ordinary reserves. ' most marked defects in the present police

organization throughout India is the ab¬
sence of any adequate reserve to supply men for filling the vacancies caused
by casualties. In the case of the European staff this has been provided for
by the scheme of recruitment which has recently been- promulgated by the
Government of India. For the proposed Provincial Police Service there is, in
the opinion of the Commission, no necessity for a separate reserve j for that
service will in part be recruited by the promotion of Inspectors, and it will, there¬
fore, be sufficient for the present if it be included in the establishment of Inspect¬
ors and Sub-Inspectors for the purpose of fixing the reserve required. The Com¬
mission have no data which will enable them to determine with any approach to
accuracy what ratio that reserve should bear to the total strength. For the Prov¬
incial Civil Service, however, the proportion has been fixed at 14 per cent, and the
Commission recommend that this should be adopted tentatively for the combined
Provincial Police Service and Upper Subordinate Service, which ends with the rank
of Sub-Inspector. For European Inspectors and Sergeants a lower figure may be
adopted, for these men do not take much leave and their period of training is a very
short one: the Commission would suggest a reserve of 10 per cent., and this
must be fixed so as to cover the requirements for European Inspectors. The head
constables and constables may betaken together, the necessary reserve being pro¬
vided by an addition to the strength of constables. The requirements for this
branch of the force will probably vary from province to province, and even froth
district to district. Taking the average for the five years 1897 to 1901, the annual
number of enlistments is in Madras and Bombay 8 per cent, of the sanctioned
strength, in Bengal 8| per cent., in the United Provinces and the Central Provinces
9 per cent., in the Punjab 10 percent., in Assam 14 per cent, and in Burma 16
per cent. With improved pay and prospects resignations will be less numerous and
the rate of recruitment will accordingly diminish, especially in Assam and Burma. ,
The Commission are of opinion, therefore, that 8 per cent, may be adopted as
the normal proportion of recruits. As the period of training is six months, the
reserve required to furnish men to take the place of those under training
will be 4 per cent, of the strength. The Commission have no information as
to the average proportion of constables and head constables absent on leave.
It is seldom that this class of police officer takes other than privilege leave, and
if such leave were distributed evenly over the year the maximum proportion of
absentees would be 8J per cent. The statistics showing the daily average sick
give a figure which in most provinces is below 1 per cent. ' It has been objected
that this greatly understates the proportion of men who are absent on account
of ill-health, but it must be remembered that it would be impossible to supply

5 §

men from the reserve to take the place of a constable who is absent from duty,
owing to illness, for a day or two only; such absences may, therefore, be neglected
in fixing the strength of the reserve. Moreover, if the proportion of absence
for any length of time on sick leave is high, the proportion on ordinary leave will
be correspondingly diminished. Upon all these considerations the Commission
have arrived at the conclusion that it will be reasonable to take 11 per cent, as
the average proportion of the lower ranks of the force absent on leave of all
kinds. The total reserve required to supply vacancies caused by absence on
leave and by men being under training will thus be 15 per cent. It must be
admitted, however, that this calculation is based upon imperfect data, and it is,
therefore, desirable that it should be corrected from time to time by actual
experience. No provision is here made for supplying from the reserve any
additional force that may be needed to meet temporary demands, and this fact
must be borne in mind in fixing the strength of the Headquarters Force, which
must be sufficiently strong to meet all ordinary requirements for escorts.
With a little forethought and arrangement those requirements can often be
reduced or distributed more evenly, so as to avoid an excessive strain upon the
police at any one time. When an extra police force is required for special duty,
such as guarding prisoners in cholera camps, guarding famine camps, plague
camps and the like, the necessary additions must be made by the temporary
enlistment of pensioned sepoys and policemen, or by the employment of trust¬
worthy men of the chaukidari class.

80. The scheme of armed reserves recommended by the Commission pro¬
vides for a European Inspector for the

European subordinates. , r.rrt, r> , ,

charge ot the Headquarters Force of each
district, and some European Inspectors will also be required for large cities and
for the railways. It has been proposed that these officers should be borne on a
separate list and receive a higher scale of pay, but the ,Commission think that
this is unnecessary, and would prefer to meet special cases by the grant of a
local allowance where this is required to cover the higher cost of living, A small
staff of European Sergeants already exists, and this must be continued and even
augmented, as men of this class are required in cantonments and seaports, on
the railways, and in other places where the police may have to deal with Euro¬
peans, while in some cases a few are needed to stiffen the armed Headquarters
Force, The Commission are strongly opposed to the employment of European
subordinates in places where there are no other people of their own class, as the
loneliness and the absence of social restraints often exercise an injurious effect on
their character, which renders them a source of danger rather than of strength to
the administration.

81. On the subject of the discipline of the police, the Commission would
DiscipUne> lay down as the guiding principle that the

maintenance of discipline must be en¬
trusted entirely to the officers of the force. This is in accordance with the law
as expressed in the Madras Police Act (XXIV of 1859) and the general Police
Act (V of 1861), in neither of which enactments is there any mention of the Dis¬
trict Magistrate or the Commissioner in connection with the discipline of the force.
In the Bombay Act (IV of 1890) such interference seems to be contemplated,
and in every province except Madras interference in a greater or less degree

is allowed under the rules contained in the police manuals. The Commis-
sion think that this departure from the intention of the framers of Act V of
1861 is at once unnecessary and undesirable. They consider that the Dis¬
trict Magistrate should occupy a positiomoutside the Police Department, and
they hope that his connection with it will gradually grow less and less close as
the honesty and capacity of the force improve. For the present, his guidance
and advice cannot be dispensed with in connection with the prevention and
detection of crime, but his control will be of a general character and need not
be extended to details of discipline and internal economy. It will be a sufficient
safeguard of the interestifwhich are committed to his charge if he is empowered
to direct the Superintendent to make an inquiry into the conduct of any sub¬
ordinate police officer, ai&t this power should certainly be given to him. If he
is dissatisfied with the results of any inquiry into a case of misconduct,
he will, of course, be at liberty to bring the matter to the notice of the
Deputy Inspector-General, and if necessary of the Inspector-General. To go
further than this would be to weaken the authority of the Superintendent and to
lessen his sense of responsibility. The requisite control over the Superintendent’s
exercise of his disciplinary powers is afforded by the right of appeal to the
higher officers of the department and by their supervision. There is no necessity
for the dual control, and the undue interference of the District Magistrate, besides
being unsound in principle, has led to the practical elimination of the Deputy
Inspector-General, and the reduction of his position to that of an inspecting and
reporting officer, which has greatly impaired his usefulness.

82. The punishments specified in section 7 of the Police Act (V of 1861),

_ ■ in addition to dismissal, suspension and

Punishment: powers o! officers. , . . „ .

reduction, are {a) fine not exceeding one
month’s pay; ( b ) confinement to quarters for a term not exceeding 15 days, with
or without punishment drill, extra guard, fatigue or other duty ; (c) deprivation of
good-conduct pay ; and {(f) removal from any office of distinction or special emolu¬
ments. In addition to these punishments the Commission would recommend the
introduction of a system of black marks, similar to that now in force in the
Madras Police,* but modified so as to increase the period of good conduct required
to cancel a black mark. It is the general opinion that the infliction of fines on
officers of low pay is undesirable; and the Commission think that a black mark would
be a more suitable punishment for offences which do not call for reduction or
dismissal. Another punishment that may be adopted as an alternative to fine is
the forfeiture of leave, and this should be added to the list. The Police Act does
not contemplate any of the punishments mentioned above being inflicted by an
officer of lower rank than that of Superintendent, and the Commission think that
this is, on the whole, a sound principle. Some Inspectors-General have recom¬
mended that Inspectors should be given power to suspend constables and head
constables pending enquiry into their misconduct. Such suspension is hardly
of the nature of punishment, but rather of the nature of an interlocutory order.
The Commission do not think that the matter is one of much importance, but
they are willing to accept a departure to this extent from the present law. In¬
spectors should not be granted any disciplinary powers beyond this. Assistant
Superintendents in some provinces are empowered to award extra drill and
confinement to quarters, and these powers need not be interfered with. If an
Assistant Superintendent (including Deputy Superintendent) holding a specific

* The Madras rules relating to the black mark systpm are given in Appendix V.

charge thinks that in any case a more severe punishment is necessary, he should
hold an enquiry and record a draft punishment order for submission to the Super¬
intendent. The latter may accept it, with or without modifications, and it will
then be his order. An Assistant Superintendent should be authorized to suspend;
a constable or head constable pending enquiry into his conduct. The Superin¬
tendent should have power to inflict upon constables or head constables any
of the punishments mentioned in the Act, and he should also be empowered to
dismiss or reduce any Sub-Inspector or Sergeant and, when necessary, to^
suspend him pending an enquiry into his conduct. In the case of Inspectors he
should be permitted to suspend them pending enquiry but not to award any
punishment. Suspension should never be inflicted as a specific punishment, for
it deprives the delinquent of all salary and frequently renders it impossible
for him to avoid running into debt. It is really a heavy fine, with the additional
disadvantage of depriving Government of the services of the officer punished.
The punishments mentioned in clauses («) and {b) of section 7 should never
be inflicted upon Inspectors or Sub-Inspectors. The Commission found that
in one province an Officiating Superintendent is not given the full powers of
punishment unless he is of a certain length of service. They consider that if
an officer is fit to be in charge of a district he should exercise all the disciplinary
powers of a Superintendent, and that it is most inexpedient to put an officer in
charge of the force who has not the power of enforcing discipline. Deputy In-
spectors-General should have all the powers of a Superintendent, and they should,
also be empowered to reduce, but not to dismiss, Inspectors; the power to
dismiss these officers should be reserved for the Inspector-General alone. No
officer of higher rank than Inspector should be punished except by the Local
Government.

83. As regards appeals, the Commission recommend that there should be
Appea[s no appeal from an order awarding fine,

confinement to quarters, punishment drill,
extra guard, fatigue or other duty, a black mark or forfeiture of leave. In all
other cases they would allow one appeal. More than one appeal is unnecessary
and undesirable; but even where no right of appeal exists, it is the duty of the
Deputy Inspector-General or the Inspector-General, as the case may be, to
intervene if it should appear that the orders of the subordinate authority are
harsh or unjust. If this obligation be borne in mind, there is no reason to fear
that the limitation of the right of appeal will cause hardship, while it will, on the
other hand, tend to promote discipline.

84. A matter which was brought prominently to the notice of the Com-
„ , £ „ „ , . mission at the beginning of their labours

Removal o{ officers of bad reputation. . , ® s

is the difficulty of removing officers who
are notoriously corrupt, though their corruption cannot be proved by evidence
of specific acts. It was suggested that it would be both justifiable and
wise to accept in such cases evidence of general repute. Opinion was ac¬
cordingly invited upon this proposal and the majority of witnesses in every
province were in favour of its adoption. Under section 117 (3) of the Criminal
Procedure Code the fact that a person is an habitual offender may be proved by
evidence of general repute, and if such evidence is admissible to establish a con¬
clusion which may lead to the infliction of imprisonment for a term of three
years, the Commission see no reason to exclude it in an enquiry into the character

of an officer, when the result of that enquiry will, at the most, result in removal
from the public service. Such evidence must, of course, be given in the
presence of the officer whose character is under enquiry, and he must be
allowed the fullest right of cross-examination. He should also be given the
usual right of appeal if the decision is adverse to him. With these safe¬
guards, the Commission consider that such a measure would prove extremely
beneficial by ridding the public service of officers who have forfeited the con¬
fidence of the public and of the Government and bring grave discredit upon the
service. The Commission are not unmindful of the advantages afforded by the
established confidence in the permanency of a public appointment, but, on the
other hand, they attach great weight to the evil produced by the continued reten¬
tion in the service of the State of An officer whose character for corruption and
oppression is a by-word. The difficulty of proving acts of corruption in this
country is well known, and almost every officer of experience can point to one or
more cases in which he has unhesitatingly shared the universal belief as to the
dishonesty of a subordinate whose offences could not be brought home to him
owing to the almost insuperable difficulty of proving the acceptance of bribes.
The Commission are, however, opposed to the application of such a rule to the
Police Department alone, for that might adversely affect recruitment and would
attach a most undesirable stigma to police service. They, therefore, recommend
the adoption of this suggestion only if the Government are willing to extend it
to other departments of the public service.

85. Another proposal upon which opinion was obtained was the desirability of

Removal of inefficient officers. removing inefficient officers upon reduced

pensions or gratuities. No private em¬
ployer would for a moment submit to the injury to his business caused by the
retention of lazy or incapable servants, yet the business of administering
the country is allowed to suffer incalculably from this cause. The interests
of the individual are permitted completely to over-ride the public interests.
Up to a certain point the same emoluments and the same pension are secured
by laziness and incompetence as by energy and capacity. This is wholly
indefensible and has been condemned without hesitation by the majority of
the witnesses who have given opinions upon the subject. ,The Commission,
therefore, strongly recommend that it should be clearly laid down in all depart¬
ments of the State that inefficiency will lead to thatdoss of appointment; and
they make this recommendation with the less misgiving, because they are con¬
vinced that the mere existence of such a rule and its enforcement in two or three
notorious cases would go far towards terminating the evil against which it is
directed.

86, Superintendents should be empowered to promote all police officers

Promotion. of and beIow the rank of Sub-Inspector,

but, as already stated in paragraph 60, pro¬
motions of Sub-Inspectors should be subject to the right of veto by the District
Magistrate, and the Deputy Inspector-General must have power to redress marked
inequalities in the rate of promotion among the different districts of his range.
The promotion of Inspectors will be made by the Inspector-General; and as the
staff of sergeants will necessarily be a small one, they should be borne on a
provincial list and have their promotion regulated by the Inspector-General. It

Period of service for pension.

in the course of their
police buildings, the

is important that promotion should bear a close relation to the nature of the
service rendered, and the Commission, therefore, recommend the introduction of a
system of good marks or good service entries, which should always be taken into
account when claims to promotion are being considered. Praise is as powerful
a factor in the maintenance of discipline as blame ; and while it is essential that
faults should be followed by punishment, it is of equal importance that good
w r ork should be recognized by reward. This principle has been too much neglected
in the Police Department, not only by departmental officers but also, and
perhaps even to a greater extent, by other public servants under whose notice
the conduct and work of the police are brought from time to time.

87. It has been strongly recommended that the compulsory period of

service for pension should be reduced.
The Commission consider that the period

of thirty years is too long. Government should have power to compel retire¬
ment of any officer, after twenty-five years’ service, on the pension now admissible
after 30 years’ service ; and an officer should be entitled to retire after twenty-
five years’ service on full pension, if he desires to do so. This is especially
necessary in the higher ranks of the service, owing to the desirability of making
the service reasonably attractive, and the necessity for having active men and
getting rid of men who may not be fit for efficient service. But, in consideration
of the very trying nature of police work, the Commission would be glad to see
this rule applied to the whole force.

88. The Commission have taken every opportunity

Buildings. tour of inspecting

state of which in many provinces is most
unsatisfactory. This was particularly noticeable in Bengal, and nowhere more
so than in Calcutta, but the subject is one which requires attention every¬
where. The propositions which the Commission would lay down for guidance
are (1) that suitable quarters should be provided for every police officer of
and below the rank of Sub-Inspector; (2) that a reasonable proportion of
such quarters should contain accommodation for the police officer’s family as
well as for himself; (3) that all police stations and other police buildings should
be in accordance yvith approved standard plans. The Commission attach
great importance to the provision of more married quarters. In the prov¬
inces in the north of India^it is an exception for constables to live with their
families, and this must, only too frequently, have a baneful influence upon their
conduct, while at the same time it renders service in the police less attractive to
men of the respectable classes. The Commission also strongly recommend
that at each police station, other than those at headquarters or at places where
there is a travellers’ or inspection bungalow available, accommodation should be
provided for inspecting officers. It is essential that this accommodation should
be suitable for the superior officers of the Police Department to ensure their being
able to visit the station house, when any special circumstances require it, at any
season of the year.

89. The Commission are unable to accept the proposals that have been

. made to them to prescribe the same uniform

for police constables throughout India, for
differences of climate, temperature and habits of dress render this impossible. The
only suggestion which the Commission would put forward is that the constable’s

number should invariably be worn on the left breast. In some provinces it is now
stamped on the buckle of the belt, where it is not easily seen, while the objec¬
tion to wearing it on the turban is that the turban is likely to be knocked off in
he course of a dispute in connection with which it may be desirable to take
a constable’s number. There is no objection to the adoption of the same pattern
of uniform in the case of European officers, but the only recommendations that
the Commission have to make on the subject are, that whatever general uniform
is adopted, it should be as inexpensive as possible, and that the distinguishing
letters I. P. (Indian Police) be worn on the shoulder strap.

go. Much confusion is caused in dealing with subjects connected with the

Uniformity of nomenclature. personnel of the Police Department by the

difference of nomenclature which is found
from province to province. The Commission have consulted the Inspectors-
General on this subject, and they recommend that the various ranks in the
force, commencing from the lowest, should be styled as follows: (i)
Constable, (2) Head Constable, (3) Sergeants (European officers only), (4)
Sub-Inspector (investigating officer), (5) Inspector, (6) Assistant Superintendent
and Deputy Superintendent, (7) Superintendent, (8) Deputy Inspector-General,
(9) Inspector-General. Similarly the change of the Sub-Inspector should be
called a police station, that of the Inspector a circle, that of the Assistant or
Deputy Superintendent a sub-division, that of the Superintendent a district, and
that of the Deputy Inspector-General a range. The Personal Assistant of the
Inspector-General should be styled “ Assistant to the Inspector-General.” The
head of the police in the four cities of Madras, Bombay, Calcutta and Rangoon
may continue to be styled Commissioner, but in respect of the other ranks the
nomenclature should, as far as possible, be the same as that of the district
police.

91. Another matter which the Commission wish to notice in this connection is

, the advisability of having a single Police

A single Police Act for the whole of India. / . D

Act for the whole of India. Act V of 1861
is now in force in every province except Madras and Bombay. With a few
amendments which are indicated in this report, it seems to be suitable for the
whole of India outside the presidency towns and Rangoon. It differs but
little from the Madras Act, and there would be no objection to the extension
of it to that province. If the recommendation^ which the Commission have
made in respect of the administration of the police in the Bombay presidency be
accepted, the local Act will no longer be suitable, and the simplest course will
be to repeal it and apply Act V of 1861 in its stead.

92. These are the principal reforms in respect of the organization and person¬

nel of the police force, which the Commis-

Other reforms. .

sion have to propose. The objects are
mainly to secure a good class of Sub-Inspectors or station-house officers, and
an efficient and adequate staff of inspecting, controlling and supervising officers.
There are other matters which might have been treated in this chapter, such as
the improvement of the city police and of the European subordinates, the railway
police, the prosecuting staff, the Criminal Investigation Department, and the
like. But these will be best discussed under separate heads. It has been enough
here to indicate the character of the changes in the constitution of the force

6 4

which seem necessary to secure suitable officers in each class. The strength
and cost of the force will be discussed in a separate chapter.

CHAPTER V.

Special Police Forces.

93. There are certain special bodies of police which, either in their organiza¬
tion, or the character of their work, or both, differ from the ordinary police and,
therefore, demand separate treatment. These are the police of the three
presidency towns and Rangoon, the railway police, the police required for work
on the large navigable rivers, and the municipal and cantonment police.

I .—Police of the Presidency Towns and Rangoon.

94. The police in the towns of Madras, Bombay and Calcutta are governed

by special Acts* of their own and are not
5 v subject to the authority of the provin¬

cial Inspector-General, the force being administered by an officer styled the
Commissioner of Police. Formerly the police administration in each of the three
presidency towns was regulated by Act XIII of 1856, which was amended by Act
XLVIII of i860, but in 1867 the Madras city police was incorporated with the
general police force of the province and the Commissioner placed in subordination
to the Inspector-General by Madras Act VIII of 1867. This arrangement
continued until 1888 when, on the recommendation of Mr. Giles, who was deputed
by the Government of India to inquire into the working of the police in the three
presidency towns, Madras Act III of 1888 was passed for the purpose of remov¬
ing the city from the general police district and making the Commissioner once
more independent of the Inspector-General. In Calcutta and Bombay the city
police continued to be regulated by Act XIII of 1856 and Act XLVIII of i860
untilthose Acts were superseded, in the former case by Bengal Act IV of 1866, and
in the latter by Bombay Act IV of 1902. In both cases the independence of the
Commissioner in respect of the Inspector-General was maintained. The
Rangoon town police was first made a separate force by Burma Act IV of 1899,
which provided for the creation of the office of Commissioner, and following the
precedent of the presidency towns, that officer was made independent of the
Inspector-General. It will thus be seen that in Madras the Commissioner was
first independent of the Inspector-General, then subordinate to him, and finally
again independent; in Bombay he has always been independent; and this has
also been the relation in Calcutta ; but there the executive head of the police was
up to the date of Mr. Giles’ report the Deputy Commissioner, the Commissioner
being a senior member of the Indian Civil Service, who held the office of Chair¬
man of the Justices in addition to his police appointment.

95. In Madras the Commission received much evidence in favour of the

Subordination of the Commissioner to the In- amalgamation of the city force with the
spector-Generai. district police, and this was also urged,

though not so strongly, in Calcutta, where one witness described the present
position of separation as “a mischievous anachronism and anomaly.” In
Bombay and Rangoon, on the other hand, there was little criticism of the present
system, but it must be borne in mind that in Bombay the Inspector-General of
Police has never held the position which he holds elsewhere, and that the office of
Commissioner in Rangoon is of very recent creation. Those who advocate amal¬
gamation have pointed out that it is opposed to good policy and almost universal

* Madras Act III of 1888, Bombay Act IV of 1902, Bengal Act IV of 1866 and Burma Act IV of 1899.

practice for an executive officer to be directly subordinate to the Local Govern¬
ment, without the intervention of any administrative authority. In illustration of
this argument the condition of the Madras City Police in 1889 was brought to
the notice of the Commission. The force was divided into two factions, one
under the Commissioner and the other under his Deputy, and the Government
was left in ignorance of what was taking place until the state of things was
brought to light by proceedings in the courts. Such a scandal could never have
occurred if the administratve control of the force had been vested in the In¬
spector-General, and the incident convinced the Governor in Council that it was
impossible for him to exercise effectively any direct control over the city police.
The Inspector-General was accordingly empowered by an executive order to
make inspections and call for information on any matter concerning the adminis¬
tration of the force, in order that he might advise the Government. The situation
so created is obviously unsatisfactory, and the Madras Government are of opinion
that still further steps might now be taken for the purpose of placing the Com¬
missioner in subordination to the Inspector-General.

The next argument put forward in favour of amalgamation is that derived
from the admitted importance of unity of action in all police work, and it is urged
that the best way of securing this is through unity of control. There was much
evidence, both in Madras and Calcutta, regarding the want of co-operation
between the city and the district police forces, and the Commission observe
that the evil was felt so long ago as 1838, when Mr. Halliday wrote as follows

“ It is my opinion that the Calcutta Police, like that of the rest of the country, should
be placed under the Superintendent-General and form part of the general system.
* * * Separated, the two systems of police (that of Calcutta and the mofussil) will,

•whenever they come in contact, injure each other, as in practice they now do. United,
they would in a very high degree assist each other’s efficiency. In the districts which
immediately surround Calcutta, the greater crimes all emanate from the capital, and the
Magistrates of the neighbouring zillas well know the secure retreat which Calcutta affords
to dacoits after the commission of robberies in the suburbs. The Superintendent-General of
Mofussil Police must be for the most part powerless in Hooghly, Midnapore, Burdwan,
Nuddea, Jessore, Barasat and the 24-Pergunnahs, unless he be at the same time Superin¬
tendent-General of the Calcutta Police. To be subject to his authority would in no degree
weaken the latter, and the alteration would give an incalculable addition of power to the
machinery of the former.”

The evidence laid before the Commission shows that " the Magistrates of
neighbouring zillas ” still complain, after a lapse of over sixty years, that
Calcutta affords a secure retreat to dacoits, and that their police are in conse¬
quence greatly hampered in dealing with serious crime. It is urged in reply that
the control of the Inspector-General does not secure complete co-operation
between the police of adjoining districts in the mofussil, and that this argument,
therefore, has little force. But while it must be admitted that the co-operation
between neighbouring districts is often far from satisfactory, it is undoubtedly
closer and more general than that between the district and city police, and it is
obvious that a single controlling authority will be in a better position than two
independent officers to devise and carry into effect the necessary measures of
reform.

Closely connected with the aspect of the question just referred to is the
relation of the proposed Criminal Investigation Departments to the police and

crime of the presidency towns. Large cities must always be important foci of
crime and.a favourite retreat for dangerous criminals, and this a priori conclusion
is confirmed by the evidence before the Commission. To exclude these four
cities, therefore, from the field of operations of the Criminal Investigation
Departments must greatly impair the efficiency and usefulness of these special
agencies ; to include them without at the same time giving supreme authority to
the Inspector-General will inevitably produce all those evils of jealousy, mutual
recrimination, and even direct opposition which are fatal to good police work.

Another argument for amalgamation relates to the personnel of the force. The
gazetted officers of the police of the four towns are all members of the district police
establishments of the respective provinces, and if the proposals set forth below
are accepted, the demand for such officers will be still larger in the future. City
police work is of great importance and requires picked men, but if the Inspector-
General is to have no responsibility for the administration, it cannot be expected
that he will be willing to part with his best officers and thus diminish the efficiency
of the service for which he is responsible. This is true also, though in a less
degree, of the subordinate staff, the members of which are often obtained from
the district police. Moreover, if the whole force is placed under a single head,
not only will the field of selection be very much larger, but it will also be
possible to transfer from the city to a district men who have failed in the former,
either from the want of the necessary aptitudes, or from faults of character and
conduct which, though not sufficiently grave to require or justify dismissal, yet
make a removal from the city desirable. This argument was strongly pressed
by a number of witnesses in Madras, where, with one exception, all the non¬
official witnesses examined by the Provincial Committee were in favour of placing
the Commissioner under the Inspector-General.

The chief arguments advanced by the opponents of amalgamation are
(i) that police work in these large towns is essentially different from police
work in the district; (2) that a more severe and certain exercise of discipline is
necessary, and that this would be impossible if the Commissioner’s orders were
subject to the right of appeal to the Inspector-General ; (3) that in the case of
sudden emergencies the Commissioner has to take prompt and decisive action,
and that he must be left unfettered by the necessity of referring to anybody or
the fear of interference; and (4) that he exercises some of the functions of a
magistrate and in respect of these he cannot be made subordinate to the In.
spector-General. In reply it may be urged, (1) that police work in the presidency
towns and Rangoon does not in essentials differ from district work, and certainly
not from work in such large cities as Lucknow, Delhi and Karachi, while, as a
matter of fact, all the superior officers are men who have received their training
in districts; (2) that it is open to question whether a more severe discipline is
either necessary or desirable, and that as regards the certainty of punishment, it is
proposed to give the Commissioner’s orders a greater measure of finality than
is allowed to those of a District Superintendent; (3) that there is no reason to
fear that there would be any improper interference by the Inspector-General,
while his support and approval would greatly strengthen the position of the
Commissioner; and (4) that the Inspector-General will usually be an experienced
District Magistrate, whose general control and guidance in respect of the
unimportant magisterial functions of the Commissioner would probably be for the
public advantage, while, if interference in those matters is considered undesir¬
able, it would be easy to exclude it.

The Commission have fully considered the arguments on both sides, and
the conclusions at which they have arrived may be stated as follows

(1) that in view of the absolute necessity for systematic co-operation

between the different parts of the police force of a province, and
especially in view of the inter-dependence of police work within a
city and its environs, the absolute separation of the city police
from the police of the rest of the province does not seem expe¬
dient ;

(2) that it is also inexpedient that the official adviser of the Government

on police matters should be kept in ignorance of the police work
of one of the most important charges in the province ;

(3) that, on the other hand, it is clearly manifest that the powers of the

Commissioner, in respect particularly of discipline and control,
ought to be much larger than those of a District Superintendent;
and

(4) that it is specially desirable that the officers of the city police should
not be transferred lightly, but that they should, as far as is
reasonable, be kept permanently in their appointments.

The Commission would commend these principles for consideration in
deciding the question of the relations between the Commissioner of City Police and
the Inspector-General. Whatever decision may be arrived at on this question, the
Commissioner should be graded with the Deputy Inspectors-General of the
province and receive grade promotion in that rank, as this will allow greater freedom
in selection for the appointment and secure permanency of the tenure thereof.

96. Most of the criticisms and recommendations already made in respect of

the district police are equally applicable.

Organization: Superintendents. , , 1 , , , . . ,

so far as they relate to general principles,
to the police of the presidency towns and Rangoon. Corruption and inefficiency
are as rampant in the city as in the district police, and are in the main due to the
same causes. The remedies, therefore, must be the same, but there are certain
special features of organization, recruitment and training of the city police which
demand separate notice in order to prevent misconception. The first of
these is the recruitment of the class of officers who are styled Superintend¬
ents, though they differ considerably from the Superintendents of the district
police. There are five of these officers in Madras, nine in Bombay, eight in
Calcutta and three in Rangoon, but in the last case one of them is a member
of the superior staff of the Provincial Police Force and really corresponds to the
Deputy Commissioner in the presidency towns. The Superintendents are for the
most part promoted from the lower ranks of the European staff; and as a class
they do not possess the character, intelligence and education requisite for the
supervision of police work in large cities; nor can they afford the Commissioner
the assistance and relief which he requires, and which he could obtain from
officers in whose integrity and capacity he had full confidence. The Commission

recommend, therefore, that the post of Superintendent should be filled by
officers of the rank of District Superintendent in the regular police force of
the province (including what is technically called the Provincial Service) ; and they
are of opinion that the improvement in the quality of the incumbents would make it

6 g

possible to reduce the number of appointments. They also propose that the
office of Deputy Commissioner, as now constituted, should be abolished, though
the new class of Superintendents might be styled Deputy Commissioners if that
would render an amendment of the law unnecessary. These officers should be
graded with District Superintendents, and should receive their grade promotion in
due course, so as to avoid the necessity for transfer, unless transfer was considered
advisable on other grounds. They should get free quarters and a presidency
or local allowance of about Rs. 100 a month as a compensation for the greater
expense of living in the capital cities. In addition to these Superintendents or
Deputy Commissioners there should be an officer of the rank of District Superin¬
tendent to act as Personal Assistant to the Commissioner in the discharge of his
duties and to be the head of the city detective or intelligence staff.

97. In Calcutta, Bombay and Rangoon the officer in charge of a police

, „ , r station is. as a rule,of the rank of Inspector;

Inspectors and Sub-Inspectors.

in Madras each Inspector is in charge of
three stations. The Commission see no reason fora departure from the organi¬
zation which they have recommended for the District Police, as much of the
work of a police station can be done equally well by an officer of lower rank and
pay than an Inspector, and they would accordingly place a Sub-Inspector
in charge of each station, giving one or more additional Sub-Inspectors where
required. Each Inspector would then have charge of a circle consisting of two,
three or more police stations, and would be responsible for all police work in
his circle. As his charge would be much more compact than in the mofussil it
would be possible for him to take a larger share of the investigation, and it is
desirable that he should do so.

Inspectors should, as a rule, be recruited by promotion from the ranks of the
Sub-Inspectors, and the latter should be recruited direct, in the same manner as the
Sub-Inspectors of the district police, with such modifications as may be necessary
to secure a reasonable proportion of Europeans. In Bombay practically all the
Inspectors and Sub-Inspectors are Europeans, the highest position to which a
native officer can rise being that of jamadar, on a maximum pay of Rs. 70 a month.
These jamadars are men who have risen from the lowest ranks ; they have natur¬
ally little education, and with this origin and these attainments it is impossible
that they can command respect and influence among the native population.
In the opinion of the Commission it is essential that the Commissioner of
Police should have at hand a body of intelligent, trustworthy and influential
native officers, to whom he can turn with confidence for information and advice
regarding popular movements and sentiments, while for the detection of
offences, committed as a rule by natives of the country, a native officer will
ordinarily be more successful than the class of Europeans from whom Inspectors
and Sub-Inspectors are drawn. The Commission, therefore, strongly recom¬
mend that in all four towns the police force should be so organized as to offer
an attractive career to native young men of a good stamp. For the preservation
of order and for dealing with cases in which Europeans are concerned a consider¬
able infusion of the European element will always be required, but this necessity
must not be allowed to operate as a complete bar to the employment of natives
in the higher subordinate posts, as is the case in Bombay. If these proposals
are accepted, the rank of jamadar in Bombay and of daroga in Calcutta should
be abolished. As to the pay of Inspectors and Sub-Inspectors, the Commission are

of opinion that it should be fixed at a higher scahe t'nan in the districts, in consider¬
ation of the much greater cost of living. They propose therefore that Inspectors
should be divided into three grades on Rs. 200, Rs. 250 and Rs. 300, respec¬
tively, and Sub-Inspectors into three grades on Rs. 75, Rs. 100 and Rs. 125.
Free quarters should be given in every case and a horse or conveyance allowance
of Rs. 25 or Rs. 30 per mensem. Probationers should be sent to the provincial
training school for training: at present they receive none.

Head constables and constables.

98. As stated above, a proportion of the force must consist of Europeans for

maintaining order, regulating traffic and

European sergeants and constable?. , , . , , , ,

checking beats and patrols. The strength
must differ considerably in the different towns, but the class of man required is
everywhere the same, and the Commission are confident that a satisfactory stamp
of man cannot be obtained for the pay of Rs. 40 and Rs. 50 a month which is
offered in Madras. The cost of living there is lower than in the other towns and
a salary of Rs. 80 rising to Rs. 110 by biennial increments of Rs. 5 will probably
be sufficient. For the other three towns the Commission accept the maximum
and minimum salaries of Rs. 130 and Rs. 90 proposed by the Commissioner of
Police, Calcutta, and suggest that the maximum be reached by biennial incre¬
ments of Rs. 5.

99. The Commission approve of the proposal to abolish the ranks of Native

sergeant and corporal in Calcutta and
to substitute that of head constable, and

this change should also be made in respect of the havildars in Bombay and
the sergeants in Rangoon. It seems to be the general opinion that Rs. 25
per mensem is a suitable maximum salary for head constables, but the Com¬
mission recommend that the minimum should be raised to Rs. 13 in those cases
in which it is below that sum. The pay of the constables will possibly require
different treatment in each town. In Madras the scale recommended for the
districts, raised by a local allowance of one rupee in each group, will be adequate.
In Rangoon the present scale is sufficient for Indian constables, but the progressive
system should be introduced. For Burmese constables, who are mainly employed
on investigation duties, an addition of Rs. 2 might be made to each rate, as the
present pay does not attract good men. For Calcutta the rates should be
Rs. 10, Rs. 11 and Rs. 12, as recommended by the Commissioner, and endeavours
must be made to enlist more Bengalis. It is believed that more of them would
enter the force if they could serve as plain clothes men, in which capacity they
would be specially useful. For Bombay a scale of Rs. 12, Rs. 13 and Rs. 14
would be suitable. In no case should any deductions be made for clothing,
superannuation fund, or the like.

The training of constables should be similar to that recommended for men
of the district force, and it should, if possible, be given in one of the schools for
district police.

100. When the horses of the mounted police are supplied and maintained by

the Government, the Commission consider

Mounted police. ,

that the rates of pay recommended for the
foot police are sufficient for mounted men also in the case of Europeans. For
Native mounted police some additional inducement is necessary to attract suitable
men and the present scales may be allowed to continue. A small force of mounted
police is required in Rangoon, where there are no mounted men at present.

io J. The Commission are of opinion that the principle that investigation should,

save in very exceptional cases, be left to the

Criminal Investigation Department. ,. , . , •

ordinary police establishment, is as appli¬
cable to the city forces as to others. There is even a stronger case for adopting this
course in these large towns, for they have a relatively high proportion of superior
officers, who are in direct and more constant touch with their investigating officers
and can exercise a closer supervision over their work. There is, however, a
clear necessity for a special staff of officers to obtain and transmit information
about the movements of suspicious strangers. As such persons are of all races
and nationalities, this Intelligence Branch must contain men from all parts of
India, and it is desirable that it should also contain some men with a good
knowledge of the principal languages of the continent of Europe. The Intel¬
ligence Branch must work in intimate communication with the Criminal
Investigation Department of the province. Service in . it will require special
aptitudes and high character, and its members should, therefore, receive a
substantial local allowance in addition to the pay of their rank. It is wholly
unnecessary that the city should have a separate finger print bureau.

Prosecuting agency.

102. The prosecuting agency is nowhere considered to be entirely satisfactory,

but the Commission are of opinion that no
change is required in respect of serious

offences, for the prosecution of which adequate professional assistance can always
be obtained. For the prosecution of less important offences a staff of Court or
Prosecuting Inspectors is required, as it is inexpedient to employ the regular
Inspectors and Sub-Inspectors on this duty to the detriment of their ordinary
work. There is now one Inspector for the courts of the Presidency Magistrates
of Calcutta, but it is said that he is not allowed by the Magistrates to do anything
beyond ministerial duties connected with the presentation of cases. He should
be permitted to conduct the whole prosecution. For the courts of the suburbs
of Calcutta there are two Court Inspectors and their position is said to be satis¬
factory. For each of the towns of Madras, Bombay and Rangoon a staff of
two. Inspectors and two Sub-Inspectors is necessary, and for Calcutta two
Inspectors in addition to the three now employed in the town and suburbs. All
these Inspectors and Sub-Inspectors should be appointed Public Prosecutors
under section 492 of the Criminal Procedure Code.

103. The Armed Reserve and the Reserve for casualties should be fixed for

all ranks in accordance with the principles
already laid down for the general police
force.

Reserve.

104. Except in Rangoon, the provision of suitable quarters for the members

of the force demands immediate attention.

Bmldings ' In Madras and Bombay no quarters are

provided for the bulk of the Native police, while many of those for the European
police which exist in Calcutta and Bombay are unfit for human habitation.
The grant of house-rent is not a satisfactory solution of the question, for it
is of importance to have the men readily accessible, and they should, therefore,
be provided with suitable residences close to the police station. There should in
every case be a reasonable proportion of quarters for married men. Many of
the station-houses are inconvenient and ill-adapted for the purpose, and steps
should be taken to substitute for them buildings of an approved standard type.

Delay in Courts.

105. In conclusion the Commission desire to invite attention to the great

hindrance to good police work which is
caused by the delay in the disposal of
cases in the Calcutta Courts owing to the grant of numerous adjournments.
This point was strongly insisted on, not only by the police officers, but also by
the representatives of the mercantile community who gave evidence before the
Commission. The remedies proposed were the appointment of a third Presidency
Magistrate and the restriction of the work of the Honorary Magistrates to
petty cases which could be disposed of at a single hearing. It is outside the
province of the Commission to offer any opinion on the appropriateness of these
suggestions: they content themselves with an expression of their view that some
remedy is undoubtedly necessary.

I l.-Railway Police.

106. There are no less than three different systems of railway police admin*
istration in operation at the present time. These are—

(1) The district system, under which the railway police form part of the
force of each district through which the railway runs. This is in
operation only in a part of the Central Provinces, and it is found
necessary to allow some departure from it and to have a few offi¬
cers with jurisdiction over the whole line.

(a) The provincial system, under which there is a separate railway police
for the province, the jurisdiction being bounded by the limits of
the province, irrespective of the limits of the railway administration.

(3) The railway administration system, which gives a separate railway
police for each railway administration, without regard to provincial
boundaries.

It has been proposed that, as a development of this last-mentioned system,
the railway police force should be made an Imperial establishment for the
whole of India. The Commission are unable to accept this suggestion. The
unit of police administration is the province, and a departure from this
principle in the case of the railway police would greatly weaken the co-operation
between that force and the district police, a co-operation which is admitted by
all to be essential for efficiency in police work. It would also render impossible
the connection between the railway police and the proposed provincial
Criminal Investigation Departments, and would thus deprive the latter of a most
valuable auxiliary staff. For the same reasons, the Commission are opposed to
the Railway Administration system, for that involves a police force under one
Local Government working within the jurisdiction of another, an arrangement
which has been condemned by nearly all witnesses, who have had experience
of it, especially m Sind, though it is, not unnaturally, favoured by many railway
officials, as they prefer to deal with a single set of police officers. The Commis¬
sion readily admit that this is a great convenience, but they have no hesitation in
saying that .this advantage is far outweighed by the benefits • obtained from
adherence to the principle of provincial unity. That principle is maintained
under the district system, but railway police work cannot be confined within
district limits, and such a restriction will become more and more impossible with
the growth of the use of railways by the criminal classes. In Madras and

Burma a change has been made within recent years from the district to the
provincial system, and in both provinces there was very definite evidence of the
beneficial results that have followed. The Commission, therefore, recommend the
general adoption of the provincial system, subject to the proviso that a separate
force is unnecessary in the case of provinces, such as the North-West Frontier
Province, which contain only short lengths of line running in from outside; and
subject also to the necessity of allowing a departure from the principle in respect
of lines running through Native States, which must continue under arrangements
similar to those now subsisting.

107. But while advocating the constitution of a railway police for each prov-

Connection between railway police apd rail InCe the Commission recommend that, as

way administrations. f ar as possible, there should be a separate

railway police district for each railway administration, so that the officials of the
latter will have only one superior police officer to deal with, while the work of
each Superintendent will be confined to a single railway. Many railway
managers would like to see the Superintendent of Police a member of the railway
staff. This is out of the question, for the railway police are the servants of the
general public, and the interests they serve are often opposed to those of the
railway company. But although any subordination to the railway authorities
is impossible, every endeavour should be made to maintain the most cordial
relations and the fullest co-operation with them. There is at present a good deal
<>f friction, due to faults on both sides. The railwmy officials frequently expect
and demand too much, while the police officers are too impatient of misunderstand¬
ing and criticism and not sufficiently obliging. With an improvement in the
subordinate police staff, a closer supervision by the superior officers, and a clearer
.conception on the part of the railway authorities of the limits of the duties and
responsibilities of the police, this attitude of opposition will, it is hoped, be
replaced by mutual forbearance and good will.

108. The primary duty of a railway police is the preservation of law and order,

but in a few cases they also undertake the
Watch and ward duty. watch and ward of railway property. The

latter practice is condemned by the majority of police officers and railway officials,
and the Commission are unable to urge anything in favour of it. The custody of

private property is the duty of the owner, and there are no grounds for making
any distinction between a railway company and any other private owner. There
are obvious objections to entrusting the guardianship of private property to
persons over whom the owner has no authority, and these objections have
additional force In the case under consideration, as the relations between the
company’s servants and the police are certain to be still further strained by such
a position of dual responsibility for railway property.

109. The Commission attach great importance to the maintenance of the fullest

, co-operation between the railway and the

Co-operation between railway and district police. ^ they ^

a set of rules with the object of securing this. These are given in Appendix VI,
The railway police are in a position to afford valuable assistance to the district
force, and instead of regarding such assistance with jealousy and depreciation, a
wise District Superintendent would hasten to acknowledge it in the most cordial
terms, and thus gain the confidence and good will of his railway colleagues.

no. In respect of organization, recruitment, pay and training thye railway

police does not call for special treatment by

Organization, pay and training. ., . • rp. ... . .

the Commission. 1 he principles already
laid down in regard to these points for the district police are generally applicable
to the railway police, subject to any unimportant modifications as may seem
necessary. A section of line, varying in length with local circumstances, but
never greatly exceeding ioo miles, will form the charge corresponding to the
police station in the districts, and the station staff must be sufficiently strong to
allow of either a constable or head constable being sent to travel in every
passenger train. An Inspector's circle will in the same way consist of a number
of station charges, while over the Inspector will be the Superintendent. A
Superintendent’s “ district ” will be fixed in the main with reference to railway
administrations, but 1,500 miles is about the maximum length which one officer
can supervise properly, and where there is any appreciable excess over this a
second district should be formed, or part of the line may be made a sub-
divisional charge under a passed Assistant Superintendent, an arrangement
which will allow of training in railway police work being given to young officers.
Superintendents and Assistant Superintendents should receive the pay of their
rank, plus a local allowance of Rs. 150 a month for the former and Rs. 100 a
month for the latter. They should be given the same daily allowance when
travelling as if they were serving in the district police, notwithstanding the
provision of a free pass or carriage. The whole of the railway police of each
province will be under a Deputy Inspector-General, who will exercise the same
control and perform the same functions as the ordinary Deputy Inspector-General
of a range. For reasons given elsewhere, this officer should also be the head of
the Criminal Investigation Department of the province. The relations of a
Superintendent of Railway Police with the Magistrates of the districts through
which his charge runs must necessarily be less intimate than those of an ordinary
District Superintendent, and it may be desirable to amend section 4 of the Police
Act (V of 1861), which contemplates the appointment of only one District Super¬
intendent for “ the administration of the police throughout the local jurisdic¬
tion of the Magistrate of the district,” and places that officer “ under the general
control and direction of such Magistrate.”

in. It has been brought to the notice of the Commission that the work ot

the railway police is often hampered by

Power of search. ,, • , . , , . ,. . J

their being unable in the course of an
investigation to search premises, such as gatemen’s houses, porters’ lines and the
like, which are close to the railway but outside their jurisdiction. The delay
caused by awaiting the arrival of the officer in charge of the local police station is
often fatal to success, and the Commission therefore recommend that the officer
in charge of a railway police station should be given the power of search in
all district police station limits through which his section of the railway runs.

112. The practice in regard to the investigation by the police of cases of

‘ shortage ’ or missing goods varies on

“ Shortages " or missing goods. ,. rr ,, T . , ,

different lines. It is urged that many of
these cases are really thefts and that the sooner the police begin to make inquiries
the greater is the chance of detection. On the other side it is pointed out that
the majority of such cases are not offences and that it is not the duty of the
police to make inquiries after lost property or missing goods unless there
is a reasonable suspicion that a cognizable offence has been committed, nor

are they empowered by the law to make an investigation unless that pre¬
liminary condition has been fulfilled. This latter view commends itself to the
Commission, and they recommend that the police should not interfere in such
cases unless they have reason to suspect the commission of a cognizable
offence. In this connection may be mentioned the practice of requiring the police
to examine the seals on goods waggons. That is clearly the duty of the
watch and ward staff and should not be imposed on the police.

III .—River Police.

113. It has recently been brought to light that a great mass of dacoity and
other serious crime is committed upon the large navigable rivers of Bengal and
Assam. Very little of this crime is reported to the police, partly owing to
fear of the criminals, partly owing to an unwillingness to break a journey,
and partly because the sufferers have no confidence in the ability of the
police to help them and are unwilling to devote time and trouble to assisting in
inquiries which they feel will prove fruitless. This serious blot upon police
administration must be removed and the rivers must be made as safe as the
public highways. No complete scheme has yet been worked out and the Com¬
mission content themselves with an expression of their opinion that a special force,
under a Superintendent of River Police, will be necessary. This force must
operate both in Bengal and Assam, as there is not enough work in the latter
to justify the formation of a separate staff for the rivers of that province. At
least one launch, and a number of other boats, will be needed for the patrol of
the rivers, and the whole force must be armed. The evidence furnished to the
Commission shows that the criminals for the most part come from Mirzapore
•and other districts in the United Provinces, a fact which emphasizes the necessity
for some machinery to secure closer co-operation and union between the police
forces of different provinces, a want which will, it is hoped, be provided by
the constitution of a Central Criminal Investigation Department for the whole
of India.

IV .—Municipal and Cantonment Police.

114. In some provinces the police employed in the municipal towns, other
than the three presidency towns and Rangoon, which have been dealt with already,
are paid wholly or in part from municipal funds. It is objected to this system
that much-needed improvements are prevented by the inability or unwillingness
of the municipal bodies to meet the necessary increased expenditure. The
police in such towns are generally under-manned, there are no reserves, and an
inferior agency is employed because it is cheaper. There is difficulty also in em¬
ploying municipal police beyond municipal limits, and there is thus loss of efficiency
through the town and the suburbs being under separate police forces. The Com¬
mission fully recognize that the cost of the police is a fair charge upon municipal
revenues, but for the reasons just stated the system does not work well
in any but the largest cities. They consider, therefore, that in general the charge
should be transferred to provincial revenues, which should, in turn, be relieved of
expenditure on other departments which municipalities can better control. The
cost of the police in a presidency town, however, may call for special treatment.
The important consideration is that the municipal police must form an integral
part of the provincial police force and be under the undivided control of the prov¬
incial authorities. The same principle is applicable to the cantonment police.

CHAPTER VI.

The Police in their relations to Magistrates and to Commis-

SlONERS.

The relations of Commissioners and District
Magistrates to the police.

Act V of 1861.

115. The Commission have found great diversity of practice in different prov¬
inces in respect of the relations of Com¬
missioners and District Magistrates to the
police. The law on this subject which

governs the whole of British India, except the Presidencies of Madras and
Bombay, is contained in section 4 of Act V of 1861, which runs thus: “ The
administration of the police throughout a general police district shall be vested
in an officer to be styled the Inspector-General of Police, and in such Deputy
Inspectors-General, and Assistant Inspectors-General, as the Local Government
shall deem fit. The administration of the police throughout the local jurisdiction
of the Magistrate of the district shall, under the general control and direction
of such Magistrate, be vested in a District Superintendent and such Assistant
District Superintendents as the Local Government shall consider necessary.”
The principal points to notice in this section are that there is no mention at all
of the Commissioner of Division, and that the administration of fhe district
police vests in the Superintendent, “ under the general control and direction ’*
of the Magistrate of the district. The precise meaning of the words just shown
in italics may be perhaps best determined by reference to section 7, which places
all appointments in the hands of the Inspector-General, the Deputy Inspectors-
General, the Assistant Inspectors-General and the District Superintendents of
Police " under such rules as the Local Government shall from time to time
sanction and by reference to section 12, which gives wide powers of making
rules for the organization, classification and distribution of the force and its
equipment and work, and all orders and rules for preventing abuse and neglect
of duty and for rendering the force efficient in the discharge of its duties, to the
Inspector-General, “ subject to the approval of the Local Government.”

116. In Madras there are no Commissioners of Division ; and, as to the rela¬
tions between the District Magistrate and
the police in their executive capacity, there

is no reference to them at all in the local Act (XXIV of 1859), except in the
preamble, which declares that “ it is expedient to make the police force through¬
out the Madras presidency a more efficient instrument at the disposal of the
Magistrate for the prevention and detection of crime.” The principle thus set
forth in the preamble of the Madras Act is the same principle as is contained in
section 4 of Act V of 1861.

117. In the Bombay Act (IV of 1890) section 12 lays down that ” the District

Superintendent shall, subject to the orders
The Bombay Act. 0 f the Inspector-General and of the Magis¬

trate of the district, within their several spheres of authority, direct and regulate
all matters of arms, drill, exercise, observation of persons and events, mutual
relations, distribution of duties, study of laws, orders and modes of proceeding
and all matters of executive detail in the fulfilment of their duties by the police
force of his district.” The “ spheres of authority ” are defined partly in the Act
and partly by *' rules and orders” : the definition is by no means clear and

The Madras Act.

simple. Section 13 adds that “ the District Superintendent and the police force
of a district shall be under the command and control of the Magistrate of the dis¬
trict;” but that “ in the exercise of this authority the Magistrate of the district
shall be governed by such rules and orders as Government may from time
to time make in this behalf, and shall be subject to the lawful orders of the
Commissioner.” The nature of the District Magistrate’s authority over the
police is elucidated by the provisions of sections 15 and 16 of the Act. Section
15 authorizes him to require from the Superintendent particular or general
reports " on any matter connected with crime, the condition of the criminal
classes, the prevention of disorder, the regulation of assemblies and amusements,
the distribution of the police force, the utilisation of auxiliary means, and all
other matters in furtherance of his control of the police force and the maintenance
of order.” Section \6 empowers the District Magistrate, when he “observes
marked incompetence or unfitness for the locality or for his particular duties in
any officer subordinate to the District Superintendent ” to call on the Superin¬
tendent to substitute another in his place : in the case of an Inspector or officer
of higher grade the Magistrate may communicate with the Inspector-General,
As to the Commissioner, section 17 provides that he may make any order “ which
the Magistrate of the district might make.” Section 19 provides that he may
call on the District Magistrate for any necessary reports ; and section j 8 pro¬
vides that he “ may call the Inspector-General's attention to defects of system
or of personal competence in the police” in matters within the sphere of the
Inspector-General’s authority; and the Inspector General shall remedy these

defects.

118. This is the law in regard to the relations between the Commissioners

and District Magistrate on the one hand
The Commissioner in Bombay. an d the police on the other. The Madras

Act and that which regulates the police administration of all the other provinces
of India except Bombay make no reference to the Commissioner. The Bombay
Act, on the other hand, gives the Commissioner a prominent place. The work
of the police is divided into two spheres of authority. In one of these, the
Superintendent is subordinate to the District Magistrate: in the other to the In¬
spector-General. In the former the Commissioner is the superior of the District
Magistrate. The result of this system has been to introduce a dual control
which has been condemned by all the witnesses who have given evidence on the
point. The Inspector-General has no concern with the most important parts
of police work. There is want of concert in police action throughout the presid¬
ency 1 every Commissioner is practically the head of a separate police force for
his Division. The Commissioner is generally prevented by his other duties
from even exercising effective control over the portion of the police subordinate to
him. And there is no central control, no real head of the department, no responsible
adviser of Government in regard to police matters. The system is universally
condemned. One or two Commissioners have recommended the abolition of
the office of Inspector General and the vesting of all control over the police in the
Commissioners. But the mass of evidence on the point is in favour of having one
departmental head of the police, occupying the same position and discharging tne
same functions as in other provinces. To abolish the office of Inspector-General
and to make every Commissioner the head of the police for his own Division
would be to disintegrate the force, and to substitute secretariat for executive
control of the presidency police. The true remedy for the dual system at
present existing is to give the Inspector-General of Police in Bombay the same

powers as are exercised by the Inspector-General of every other province in
India ; and this is what the Commission strongly recommend.

The Commissioner in Sind.

119. The Commissioner in Sind occupies a somewhat peculiar position. He

has some of the powers of a Local Gov¬
ernment. And in respect of the police he
is the Inspector-General. But the pressure of other duty makes it impossible for
him to discharge efficiently those duties of an Inspector-General which are con¬
cerned with the inspection of work on the spot (e.g., visiting the offices of
Superintendents, Chief Constables, etc., taking up cases with them, and discussing
the history of local crime and the methods of dealing with it), with comparison by
knowledge thus gained of officers and the administration of their charges, with
improvement of methods and increase of efficiency by information as to police
work elsewhere, with consistent watching of the work of the officers of the depart¬
ment, and with securing co-operation throughout the force. It would, therefore
be of great advantage in respect of all these matters to have the police of Sind
placed under the Inspector-General of the presidency, with a separate Deputy
Inspector-General for Sind. It is essential for sound administration and for unity
of system that the police of Sind should form part of the presidency force. At
the same time, the Commission realize that, in view of the general powers of
administration in Sind vested in the Commissioner—and so long as these special
powers remain—his connection with the police must be more direct than that of
Commissioners generally. He exercises in effect some of the pow r ers of a Local
Government.

120. In all provinces except Bombay (including Sind), the Inspector-General

is the head of the department. This is the

The Commissioner in other provinces. . , .. , ,

principle embodied m the law applicable to
every other province. Notwithstanding this, some Local Governments have en¬
deavoured to give a separate and formal place in police administration to the Com¬
missioner of Division. In the United Provinces and the Punjab the Commissioner
has been made a Deputy Inspector-General. In the former his control is limited to
police matters other than purely departmental. The distinction is, however, by no
means an easy one to define ; and the subordination of the Commissioner to the
Inspector-General is not a suitable arrangement. In the Punjab the Commissioner
is the real Deputy Inspector-General and the nominal Deputy Inspector-General is
only his professional adviser. But the Commission are of opinion that most of the
duties entrusted to Commissioners under the Punjab Government’s Resolution,
Home, Police Department, No. 232, dated 7th December 1898, are such as it is
impossible for the Commissioner to discharge efficiently, while they should on
principle belong to the head of the department, as, for example (1) responsibility
for the efficiency of the officers directly concerned in the executive portion of
the work of the suppression and prevention of crime and the proper discharge
by these officers of their duties; (2) the maintenance of cordial and intelligent
co-operation between the police of different districts; (3) the surveillance of bad
characters ; and (4) the examination of case diaries. In the opinion of the Com¬
mission, the effect of these orders is to throw on Commissioners of Division work
which they cannot, in due regard to their other duties, efficiently perform, and to
weaken the Inspector-General’s sense of responsibility. In Bengal also, and in
Assam, which has adopted the Bengal Rules, there is an undue degree of direct
interference in police work by the Commissioner of Division. In all provinces,
the best evidence supports the view that direct interference is to be deprecated.

The Commissioner is no doubt responsible for the efficient administration of his
division ; but he cannot effectively interfere in police details. His responsibility
should be limited to supervising and advising the District Magistrates of his
division in the discharge of their duties, and seeing that they are performed.
For this purpose he should receive information on all important matters, should
discuss police administration when visiting districts, and should bring to the
notice of the District Magistrate or Inspector-General defects which he observes
in police administration. His advice and suggestions would doubtless be valu¬
able; but his formal and detailed interference is usually unnecessary and ineffec¬
tive.

I2r. Turning now to the District Magistrate, it seems to the Commission

The District Magistrate.

that the object of Act V of 1861, of the
Madras Act of 1859, and even of the Bom¬

bay Act of 1890, was to make the Superintendent primarily responsible for the
administration of the district police. But the police force was to be an “ efficient

instrument at the disposal of the District Magistrate for the prevention and

detection of crime. ” Therefore the work of the Superintendent must be done

‘‘under the general control and direction of the Magistrate” and “subject to
his orders.” It was essential to preserve the responsibility of the District

Magistrate for the general success of the criminal administration of the district,
and to afford him prompt means of ensuring the obedience of the organised con¬

stabulary to his lawful orders. This is a sound principle. It would be intoler¬
ably dangerous to allow the District Magistrate to throw the responsibility of
failure on the Superintendent or his subordinates. He must have the power
therefore, to issue to the police any orders necessary to secure the efficient dis¬
charge of their duties in the preservation of the peace or in the prevention or
detection of offences. But his intervention is not intended to be constant or
detailed. It is intended to be of the nature of general control and direction, and
to assume a detailed or particular character only occasionally and when necessity
arises. It is intended to be confined to what is necessary to maintain the Magis¬
trate’s control over the criminal administration of the district and his responsi¬
bility for the maintenance of the peace; but it is not intended to extend to
the administration of the police department except when interference in that is

necessary for maintaining the above control and responsibility. This intention
of the law has been overlooked in most provinces: in some much more than

in others.

122. The result has been in some provinces and specially by some District

Undue interference.

Magistrates a degree of interference which
the law did not contemplate, and which

has often been most prejudicial to the interests of the department. For ex

ample, the law leaves appointments in the department to be made by the
officers of the department; but this power has to be exercised under rules to be
made by the Local Government. The result of these rules as framed in some
provinces is that the appointment of constables is subject to the District Magis¬
trate’s veto, and that of any officer above the rank of constable cannot be
made without the approval of the Magistrate being previously obtained. The
law leaves punishment to be regulated by rules to be made by the Inspector-Gene¬
ral subject to the approval of the Local Government. The rules of most prov¬
inces prescribe appeals not to departmental superiors but to the District
Magistrate and Commissioner: even a constable cannot be reduced by the

Superintendent without an appeal to the District Magistrate. All this weakens the
influence of the Superintendent, is prejudicial to discipline, and tends to destroy
the Superintendent's sense of responsibility and his interest in his work. It
is asserted by some good Magistrates that the power to exercise such inter¬
ference is necessary owing to the very inferior quality of some Superintendents,
and the reckless and irresponsible manner in which they exercise their functions
as head of the police. Instances are not wanting to bear out this view. But
the Commission are of opinion that, with certain exceptions, District Magis¬
trates interfere too much in some provinces (especially in Bengal); and that con¬
stant interference in details is one of the causes of the incapacity and recklessness
of some Superintendents. Superintendents should be under the general supervi¬
sion and control of District Magistrates. They should be advised, and reported
if recalcitrant. Unwise and unjust punishments must be checked, and improper
appointments must be prevented. But official interference in detail should
ordinarily be by departmental superiors. Superintendents should not be treated
in a manner which deprives them of influence over their men and of interest in
their work. The language of the police manuals of almost all provinces has
the same tendency to undue interference. They speak of the Magistrate as
“ entirely responsible for the peace and criminal administration of his district,” and
of the Superintendent as “ his assistant for police duties, and, as such, bound to
carry out his orders.” “ The District Superintendent’s office is virtually a branch
of the District Magistrate’s headquarters office.” This is going too far. It is
true that the absolute necessity for maintaining the responsibility of the District
Magistrate demands that he should receive the fullest assistance from the Super¬
intendent, and that the latter should promptly carry out his orders. But the
administration of the police is vested in the Superintendent. He is the head of
the police in the district. Though he must carry out all lawful orders of the
District Magistrate, he is not his assistant in the sense in which an Assistant
Collector is ; and it destroys police work to put him in that position. No un¬
necessary interference with the Superintendent should be allowed. The police
force, though bound to obey the Magistrate’s orders in regard to criminal admin¬
istration, should be kept as far as possible departmentally distinct and subordi¬
nate to its own officers. And the District Magistrate should avoid acting so as
to weaken the influence and authority of the Superintendent; for discipline is one
of the most essential features of police work.

123. At the same time, as already stated, the Commission are strongly of
..... f ,, ,. . ,. . opinion that it is necessary to insist on

Magistrate. the subordination of the police force to

the District Magistrate, who is responsible for the criminal administration of the
district and for the preservation of the public peace. The District Magistrate
must be kept informed of the progress of criminal administration. The import¬
ant diaries which are sent to him, and the fact that all arrests have to be
reported to him, go far to secure his being kept informed. His own tours and
his accessibility to the people of all parts of the district are also the most valu¬
able means of keeping him informed of all that goes on. In addition to this, it
is the duty of the Superintendent to bring to the notice of the Magistrate every
thing of importance in connection with crime and criminals, to discuss with him
the work of the police, and to take his advice on all important matters. He must
recognize that the District Magistrate is the head of the district and, as such,
responsible for the whole district administration including the work of the police of

which the Superintendent is the head. The District Magistrate should rarely,
and only of necessity, interfere in ordinary police work or in investigations; but
the discretion must be left to him as to when interference is necessary. He
must not allow things to go wrong ; and when he considers it necessary to issue
orders, these orders, subject to any reference which the Superintendent may
see fit to make, must be carried out. For the manner in which the District
Magistrate exercises this discretion, he will be responsible to his own superiors ;
and this ought to form one of the principal elements in any decision as to his
fitness for his office. His paramount authority and responsibility in regard to
criminal administration in the district must, however, be maintained. In the
discharge of this responsibility he must carefully supervise the work of the sub¬
ordinate Magistrates; and he must also generally supervise the work of the
police. Under this system these Magistrates try their cases; and the District
Magistrate supervises them: the Superintendent and his staff do police work;
aad the District Magistrate generally supervises it. It is objected to this
that the same man practically pursues the thief and tries him. This is not
true. The District Magistrate, as a rule, does neither. He supervises in
greater or less degree both the magistracy and the police. He is above
both ; and his duty is to see that both do their work properly. He rarely tries
cases, though he certainly must have magisterial powers. He should only
rarely have to interfere in police work, though he certainly must have the power
to interfere when necessary. The interests of district administration demand
that he should keep himself in touch with the magisterial work of the district,
and have the power to try himself certain cases ; and also that he should keep
himself in touch with police work, and interfere when necessary. But, where
his official interests are involved in any case, or where he has in any case been
compelled to assume practically the part of the police officer, he ought not to
try the case. The standing orders and his own sense of right ought to require
this. He can easily send the case to another Magistrate for trial or for com¬
mittal to the Sessions Court. As such cases, besides being comparatively rare,
must also for the most part be important, they should ordinarily be sent to a
Magistrate of the first class. Such Magistrates have more experience and more
teputation for independence than those exercising lower powers. There has
been evidence that some of the subordinate Magistrates, especially in certain
provinces, are believed to be unduly influenced by a desire to meet what they fancy
to be the wishes of the District Magistrate. But the evidence is strong that such
want of a sense of duty, even where it exists, is passing away with the improvement
of the judicial service. The true remedy for this lies in the improvement of the sub¬
ordinate magistracy, not in a radical and dangerous change of system. Cases of
abuse amounting to scandal have also been brought to the notice of the Com¬
mission, especially in Bengal; but true cases of abuse are comparatively few; and
they are due not to the system, but to a failure to recognize its essential princi¬
ples, and to that want of the sense of justice which must lead to abuse under any
system, and ought not to be tolerated in responsible officers. The Commission
consider that in the interests of the people the police must remain under the
general control and direction of the District Magistrate. He is the officer in
every way marked out for the discharge of the duties of supervising both the
magistracy and the police. No other officer could discharge these duties so
well. No other can exercise so well the beneficial influence of personal super¬
vision, advice and encouragement in respect both of the Magistrates and the
police; and no other officer can have the same knowledge of the people as he

ought to have, or be as well known to them as he ought to be. He is the con¬
necting link between the executive and judicial functions of the administration.

134. Turning now to the relations between the police and Magistrates

generally. These are set forth in the
Tbe Police and Magistrates generally. Criminal Procedure Code. Section 154

prescribes the manner of recording information given in cognizable cases to an
officer in charge of a police station. Section 157 provides that if from such
information or otherwise, he has reason to suspect the commission of a cognizable
offence he shall forthwith send a report of the same to a Magistrate empowered to
take cognizance of such offence upon a police report, and shall go on to investigate
it. This Magistrate may, on receiving the report, await the police officer’s action,
or direct an investigation, or proceed (himself or through a subordinate) to hold a
preliminary inquiry, or otherwise to dispose of the case (section 159)- The
police officer making the investigation must (section 172) keep a diary, entering
his proceedings day by day, and showing when the information reached hffn,
when he began and closed his investigation, the places he visited and the circum¬
stances ascertained. If he cannot finish the investigation within twenty-four
hours after making an arrest (cf, section 61), and sees ground to believe that the
accusation is well-founded, he shall (section 167) forward the accused with copy
of the entries in the diary to the nearest Magistrate, who may pass certain orders
about the accused, but cannot order his release without reference to a magistrate
having jurisdiction to try the case. If on investigation it appears that there is
sufficient evidence to justify the forwarding of the accused to a Magistrate, he
is either to be released on bail or to be sent in custody to a Magistrate empowered
to take cognizance of the offence (section 170) ; and section 173 directs that, on
the close of the investigation, a completion report of the investigation in prescrib¬
ed form be sent to such Magistrate, setting forth the names of the parties,
the nature of the information, the names of persons acquainted with the facts,
and whether the accused is forwarded in custody or released on bail. In trying
the case, the Magistrate may at any time during the inquiry or trial send for the
police diary and use it not as evidence in the case but to aid him in the
inquiry or trial (section 1 72). Furthermore, he has power, at any stage of the
inquiry or trial, to summon any person as a witness or examine any person in
attendance (section 540) ; and he is bound to do so if he deems it essential to
the just decision of the case. This is the connection which the law intends to exist
between the Magistrate empowered to take cognizance of police cases and the
police. It involves the first information being sent to this Magistrate, his being
able to watch the case from the first, to order investigation where the police are
not investigating, or to proceed to take up the case himself, and his being kept in
touch with the police investigation up to the very last. His connection with the
case is intended to begin with the first information and to continue to the end:
throughout he is intended to exercise an intelligent interest in it. These provisions
are very generally lost sight of. The intention of the law is defeated when the
first information is sent, not as required by section 157 to the Magistrate having
jurisdiction, but nominally to the District Magistrate, really to a Court Inspector
or other official at headquarters, who files it until the case is sent up finally for
trial. It is also defeated when the Magistrate assumes what he imagines to be a
judicial attitude, and never looks at a paper or takes any interest in the case until it
comes before him in court, and proceeds to dispose of it with regard only to what
is put before him by the parties without any effort to do what more he can to

arrive at the truth. A valuable check on police work and valuable powers in
criminal administration are thus lost.

Attitude of the Courts.

125. The intention of the law is that the police and the magistracy should

work together, the former investigating the
case for the Magistrate, and the latter con¬
ducting the magisterial inquiry or trial, weighing the evidence collected by the
police, sifting further any points that have been missed or inadequately treated,
hearing all that the accused has to say or adduce on his own behalf, and deciding
the case in the interest of truth and justice. That the Magistrate should be
unduly ready to accept the police view of a case without giving the accused a
fair hearing and endeavouring to sift the case to the bottom is unjust and con¬
trary to the intention of the law. It is equally unjust and contrary to the intention
of the law for a Magistrate to assume a hostile attitude towards the police, to
deny them a fair hearing, or to be diverted from the endeavour to ascertain the
truth by a prejudice against them. The Commission have received strong
evidence of the criminal administration of a district being occasionally rendered
deplorably ineffective by this want of judicial temper on the part of certain
Magistrates and Judges. These cases are fortunately not very frequent; but they
indicate how important it is to carry out the spirit and intention of the law. The
Commission desire no amendment of the law in respect of the relations between
the Magistrates and the police: they desire only to see the provisions of the
Criminal Procedure Code carried loyally into effect.

126. There is some excuse for the attitude of some courts in the very

improper proceedings of some police
strictures on the pohce. officers ; but it is unjust as well as unwise

to take up a hostile attitude to the whole force on account of the misconduct of
some of its members. The Commission would emphasize this, because they feel
that such an attitude on the part of the courts, if at all general, would form one
of the most effective obstacles to any real reform of the police. The courts should
recognize that the police, so far as they are trying to do their duty, are co¬
operating with them in the protection of society against law-breakers and the
criminal classes. At the same time, the Commission consider that the courts
should be encouraged to take' notice of any misconduct on the part of a

police officer, or of any reasonable suspicion that he has been guilty of such miscon¬
duct. Unless such misconduct is established after hearing any explanation the
police officer concerned may have to offer, or unless reference to it is necessary
for the elucidation of the case, it is only just to him that no notice of it should be
taken in the judgment; but a separate note should be recorded. A copy of the
judgment or of this separate note should be at once forwarded to the District
Magistrate, who should pay due attention to it, conducting by competent and
impartial agency any inquiry that may be necessary, and absolving from blame
any police officer who may after all be found innocent of fault, but taking adequate
notice of any misconduct that may be established. The Commission have had
considerable evidence before them of the disastrous consequences that follow
from disregarding the strictures of the courts, and from laxity in inquiring into
and suitably dealing with cases of alleged misconduct.

127. On the other hand, the police should be taught to treat all courts with

due respect. They should not be permitted
Criticism Of judicial work. to write intemperate notes or reports on

They must bring to the notice of the District Magistrate any case in

cases.

8 4

which they think there has been or is likely to be a failure of justice ; but they
should be compelled to do so in a temperate and respectful manner. If in regard to
any case the Magistrate thinks it necessary to interfere, he should proceed in open
court in the formal manner prescribed by the Criminal Procedure Code. If he thinks
it enough merely to point out any comparatively unimportant mistakes to the sub¬
ordinate Magistrate, he should do so in a courteous memorandum or in a personal
interview, after perusal of the record. He should also show himself as ready to give
praise for good work as to notice mistakes or failure. Nothing is more important
than to preserve the independence of the magistracy while aiming at their im¬
provement, and to prevent their having any ground for believing that their work
will be condemned on any ex-parte statement by the police. In this connection,
it may be repeated that the Commission have received strong evidence in every
province that the subordinate magistracy are improving in capacity and in
independence as the Government aims at their being better paid and being
recruited from the higher and more educated . classes. The Commission would
still, however, draw attention to the low pay of subordinate Magistrates in
some provinces and of the awal karkuns* of Bombay (who are also subordi¬
nate magistrates), and to the recruitment of Magistrates to a considerable extent
still from among ministerial officers, as being matters deserving the serious con¬
sideration of Government. The improvement of the magistracy is described by
many witnesses as at least as necessary as the improvement of the police • and
the reform of the latter will be much less effective unless the magistracy is made
efficient. The magistracy and the police are jointly responsible for the repres¬
sion of crime and the protection of society. Their relations are of an intimate
and reciprocal character. They stand or fall together.

128. The Commission regret that their views in regard to the relations of the

Dissent of the Maharaja of Darbhanga. District Magistrate and the police have not

the full concurrence of their colleague
the Maharaja of Darbhanga, who has written a Note of Dissent, which is appended
to this report. The Maharaja recognises the superiority of the scheme sketched
by the Commission to that at present existing in Bengal, and “cannot con¬
ceive a more effective scheme if the District Magistrate and police are to remain
connected.” But he cannot accept the principle of this connection. It seems
to him essential that it should be severed. He is led to this conclusion by his
experience in Bengal; and he supports it by reference to “ a memorial recently
submitted to the Secretary of State for India” The Commission have not
thought it their duty to refer particularly to this memorial • for the question of
the “ separation of judicial and executive functions” discussed therein goes
beyond the scope of their inquiry; and the memorial has not been referred to
them, but is being separately dealt with (they understand) by the Government
of India. The Commission adhere to the opinion they have already expressed
that true cases of abilSGare comparatively few, and that they are due, not to the
system itself as set north in the existing law, but sometimes to a failure to
recognise its essential principles, to which the Commission have now drawn special
attention, and sometimes to a violation of the law in its letter and its spirit which
called for severest notice.

129. The Maharaja bases his view mainly on his experience in Bengal. The

The Maharaja’s alternative schernes. Commission consider that he has somewhat

^^SS^rated the state of things existent

there, and that, though he has referred in strong terms of approval to the change
which the system indicated by them will introduce, he has argued his case through¬
out as if that system were unaltered. He still speaks of the District Magistrate as
the head of the police and bases all his condemnation of the Magistrate's control
on the perversion of that system which the Commission have condemned. The
Commission are unable to concur in his argument or to accept either of the
schemes he proposes. They regard the proposal to make the “ District Officer ”
the Chief Police Officer as well as the Chief Revenue Officer, while depriving him
of all supervision over the subordinate Magistrates, as most unwise. In the
first place, it would be most objectionable to have the Chief Police Officer also the
Chief Revenue Officer. The “ District Officer ” ought not to be a police officer at
all. In the second place, every officer of experience knows perfectly well how
essential it is in respect of magisterial work to have personal inspection of the
courts and personal supervision by a superior officer, and how disastrous it
is to allow supervision and control to become a mere matter of statistics and
records. The District Magistrate is marked out as the officer who can, in
the course of his tours, meet the subordinate Magistrates, inspect their work,
and give them personal advice and encouragement. Under the District Judge
they would be less directly supervised and less efficiently trained. The Com¬
mission are equally unable to accept the other scheme proposed by the Maharaja,
whereby the District Magistrate would be relieved of all control over the police.
The Commission have recommended “a separate police department,” but they are
unable to propose that it should be made “ quite independent of the control of
the Magistrate.” The District Magistrate does not exercise his control as a
member, or as head, of the police, but in a few particular cases as a Magistrate
under the Criminal Procedure Code, and generally as responsible for the criminal
administration of the district. The Maharaja’s statement of the case indicates
considerable confusion as to the functions and powers of Magistrates. On the
one hand, the Subdivisional Magistrate has undoubtedly certain powers in police
cases under the Criminal Procedure Code; but there is no delegation to him of
the District Magistrate’s general control over the police. The Maharaja forgets
this. On the other hand, the law requires that first information reports should go
to the Magistrate empowered to take cognizance of the offence ; the Maharaja still
seems to think that they have all to go to the District Magistrate. It is a mis¬
conception of the system laid down by law to say that the District Magistrate has
“ to read police reports and papers as they come in and finally to decide whether
a case should or should not be sent up for trial,” or to speak of him as “ directing
the preliminary inquiries on behalf of the prosecution.” This is not the system
which the Commission advocate, but a perversion of it which they condemn.
The Commission have, however, already stated their views clearly and fully
enough on this point. They have emphasized the necessity for maintaining the
responsibility of the District Magistrate for the criminal administration of the
district. They have stated the limitations under which justice and expediency
demand that his general control over the police should be exercised. But they
have deprecated strongly the proposal to deprive him wholly of that control. The
more efficiency and sound judgment are displayed by the Superintendent, the
less' will the interference of the District Magistrate be required ; and the less it
will be exercised. The Commission of the Peace from which all Magistrates
in England, with the exception of those who are appointed by special warrants
under the Sign Manual, derive their jurisdiction enjoins on them “ to keep and

cause to be kept all ordinances and statutes for the good of the peace and for
preservation of the same and for the quiet rule and government ” of the people
as well as to punish those who offend against the same. The interference of the
Magistrates in police work has, however, tended in England to become less
common from several causes, the principal of which is the increased efficiency
of the police. The theory of the Magistrate’s duty remains unaltered ; but in
practice he is almost exclusively confined to judicial functions ; because the
police are efficient and trustworthy. The interference of the District Magistrate
with the police will similarly become less necessary and less common in India as
the police become more efficient. But it is absolutely necessary to maintain the
principle of his control over the police ; and it would be a blunder of the
most serious character to make the police in India wholly independent of
magisterial control in unintelligent imitation of what is believed to be English
practice. The Commission would also remark, in a word, that there is no prov¬
ince in India where the police are less fit to be independent than in Bengal.
They would add that throughout the country they find the clearest evidence that
the simple people in the interior naturally look to the District Magistrate, whose
duty it is to be constantly among them and to know their concerns, for the
remedy of oppressions and grievances of all kinds ; and they see no adequate
reason for depriving him in respect of police administration of the power to help
them.

CHAPTER VII.

The Prevention of Crime.

130. Of all the duties which the police have to perform there is none more

important than the prevention of crime ; and

Importance of preventive work. ... .

it is the more necessary to insist upon this
because credit is too frequently given to the police officer who shows himself
successful in detection rather than to him who, by his vigilance, keeps his charge
free from crime. There are some offences ; such as murder, which the police have
very little power to prevent, especially in rural tracts ; but the great mass of crime,
in this as in other countries, consists of offences against property, and in respect of
these a good police should be able to afford a large measure of protection, either
directly by regular and efficient patrolling, or indirectly by exercising an adequate
surveillance over bad characters. If all persons addicted to crime were known to
the police, and if proper supervision were exercised over them, the number of serious
offences against property would be greatly diminished. To obtain this knowledge,
therefore, and to secure this supervision should be the aim of every police system.
These objects have not been lost sight of by the Indian police authorities, but the
efforts to attain them have not met with the measure of success which may reason¬
ably be demanded. The causes of failure are to be found in defects in the law,
defects in the police system, and defects in applying both the law and the system.

131. The most important provisions of the law relating to the punishment

and surveillance of habitual criminals are

The law relating to habitual criminals. . , ,

contained in section 75 of the Indian
Penal Code and in the Whipping Act, which provide for enhanced punishment on
a second or subsequent conviction; sections 109 and no of the Criminal
Procedure Code, which empower Magistrates to demand security for good
behaviour from habitual offenders, vagrants and suspected persons; section
565 of the same Code, which empowers Courts to order that persons convicted
a second time of serious offences relating to coin and against property
shall, after release, be subjected to police supervision for a period not ex¬
ceeding five years; sections 400 and401 of the Indian Penal Code, which provide
severe punishment for belonging to a gang of persons associated for the
purpose of habitually committing dacoity, robbery or theft; and the Criminal
Tribes Act, 1871, which provides for the registration, surveillance and control
of any tribe, gang or class of persons addicted to the systematic commission of
non* bailable offences.

132. The Commission have no recommendation to make regarding the sub-

Proof of previous convictions at any time before StanCe ° f the laW Contained in Section 75 of

release - the Indian Penal Code, but they advocate

an amendment in respect of the application of it, so as to allow of the infliction
of enhanced punishment on a person convicted of an offence punishable under
Chapter XII or Chapter XVII of the Code with imprisonment for a term of
three years or upwards, if at any time before his release from imprisonment it is
proved that he had previously been convicted of such an offence. It has been
brought to notice that old offenders frequently escape .enhanced punishment be¬
cause their previous convictions are not discovered until after trial, owing, some¬
times, to the unwillingness of the Courts to give sufficient time for inquiries

into their antecedents. The existing law directs that when an accused person
who is liable to increased punishment under section 75 of the Penal Code is
tried by a jury or with the aid of assessors, he is to be charged first with the
subsequent offence, and if he pleads guilty to, or is convicted of that, he is then
put on his trial with respect to that portion of the charge which relates to the
previous conviction (section 310 of the Criminal Procedure Code). The proce¬
dure which the Commission recommend is merely an extension of this provision,
so as to allow the Court which passed the sentence, or a superior Court, to
revise the punishment inflicted on the convict when it is discovered that he had
been previously convicted,- provided that no revision should be allowed after the
expiry of the original sentence.

It has been brought to the notice of the Commission by officers serving
in British districts bordering on Native States that habitual criminals from these
States committing offences in British territory cannot be adequately dealt with,
as their previous convictions by the courts of Native States cannot be con¬
sidered under section 75 of the Penal Code. It has been strongly urged that
the law should be amended so as to allow the British courts to take cognizance
of these convictions. The Commission are unable to make any recommendation
on this matter, as they have no evidence before them regarding the efficiency
of the courts of these States. The decision of this question must depend mainly
on their efficiency.

133. The Commission desire to invite attention to the proviso to section 348

of the Criminal Procedure Code, per-

Tribunals for trial of old offenders. . . . , . , , .

mittmg cases in which the accused has
been previously convicted to be transferred to the file of the District Magistrate,
if he has been invested with powers under section 30. The Commission are of
opinion that it would forward the ends of justice if this proviso were amended so
as to allow of these cases being tried, not only by the District Magistrate, but
by any Magistrate of the first class specially empowered in that behalf; and they
would extend this provision in respect of these cases to all provinces, instead of
limiting it to the territories mentioned in section 30. The present law requires
that in the majority of such cases there should be first a preliminary inquiry by
a Magistrate, and then a trial by the Court of Session. The new offence is
frequently of a comparatively petty character; and the amount of time, trouble
and expense which they have to give to its prosecution seem to complainant and
witnesses to be out of all proportion to the value of the property lost, with the
result that they are most reluctant to come forward with a complaint or evi¬
dence.

134. This will be the most appropriate place in which to notice the system.

of identifying old offenders by means of

• The Finger Impression system. . . - . . _

their finger impressions. That system
has given excellent results and it is capable of still further development. For
example, it allows of the finger print description of an absconder being sent by
telegraph; but in order to permit full advantage being taken of this feature it is
essential that there should be uniformity of classification and notation, and the
Commission, therefore, recommend that the Government of India should insist
on such uniformity. It is also desirable to invite attention to the difficulties and
expense that will be caused by the accumulation of cards, either from the record
of the impressions of persons whose identification by this means is unnecessary,

8 9

or from neglect to destroy the cards of persons who have died. The Commis¬
sion would also deprecate the multiplication of bureaux. They can, for example,
see no reason why a single bureau should not be sufficient for Bengal and the
City of Calcutta. Lastly, the Commission recommend the establishment, in
connection with the Central Criminal Investigation Department, of a central
bureau for the record of the finger impressions of criminals who are likely to
commit offences in more than one province. At present in the case of such
criminals references have to be made to a number of different offices, and this
involves much time and labour which would be saved if the information required
could be obtained from a single central bureau.

135. The provisions of sections 109 and no of the Criminal Procedure

Code are satisfactory and adequate. The

Security for good behaviour. . .

Commission have, however, received very
strong evidence from some Magistrates and police officers that their respon¬
sibility for the peace and security of the district is greatly impaired, and that
their efforts for the prevention of crime are greatly hampered, by the rulings of
the High Courts on the provisions of Chapter VIII of the Criminal Procedure
Code, and especially on section 110 (regarding security for good behaviour from
habitual offenders) and the sections connected therewith. The complaint is
made that the High Courts have gone beyond their proper sphere of interpret¬
ing and enforcing the law', and have practically, in some respects, made law on
this subject. It has been urged that these provisions are of an executive
character, that accordingly no appeal to the High Courts is provided, and that
it would be only logical for the Legislature to include the orders under Chapter
VIII with those under Chapter XII in section 435 (3) of the Code, which excludes
revision by the High Court. The Commission cannot accept this proposal.
Redress in the Civil Courts is open to any one who deems himself wronged by
an order regarding immovable property passed under Chapter XII; and that
is the appropriate remedy. No such remedy ought to be provided for orders
under Chapter VIII; and it would be altogether out of the question to
deprive any man sentenced to imprisonment, in default of finding security, of
the right to have the legality and propriety of the order considered by the
High Court. The Commission have also considered carefully all the rulings
brought to their notice; they have read not the digest of these rulings only but
the judgments themselves; and they are bound to say that the action of
the High Courts in these cases seems to have been 'sound, though the wording
of the rulings, especially as published in the Digests, is sometimes loosely ex¬
pressed and liable to misinterpretation. Thus, for example, it is complained that
the ruling in the matter of Haider Ali (I. L. R., Cal, XII, 520) seems to
require proof of the accused having “ done some act or resumed avocations
indicating on his part an intention to return to his former course of life. ” This
is primd facie opposed to section 117 (3), which provides that “ the fact that
a person is an habitual offender may be proved by evidence of general repute.”
But in this case “ the person from whom the security was required had only

recently-been released from jail.” The ruling means no more than that “ the
greatest thief is entitled to a locus penitent ice when he has served out
his punishment, ” as laid down in I. L. R., Cal, XII, 520. This is
thoroughly correct; the Magistrate had erred and the High Court did well to
point it out. This is precisely on all-fours with the objection taken to the ruling
in the matter of Raja valad Hussein Saheb (I. L. R., Bom., X, 174). Here it is
laid down that “ the mere record of previous convictions does not satisfy the

requirements of section no.” This has been interpreted by Bombay Magistrates
and police officers as excluding the evidence of previous convictions. They have
overlooked the word “ mere.” In this case the accused was actually in jail under¬
going his sentence for a definite offence when the order under section I io was
passed. This was an abuse of that section.

So again the distinction drawn between “ rumours in a particular place and
among a certain class of people ” and “ general reputation ” drawn in Rai Isri
Pershad vs. Queen-Empress (I. L. R., Cal., XIII, 621) is well worthy of atten¬
tion. This case, moreover, was a striking illustration of the danger of suddenly
proceeding against a man without any reference to his antecedents or any
attempt to watch him in an unobtrusive way—a danger against which the Com¬
mission seek to provide by recommending the maintenance of confidential history
sheets.

Another ruling to which very serious objection is taken is that in Jhojha
Singh vs. Empress (I. L. R., Cal., XXIV, 155), which is thus entered in the
Digest: “ No conditions and limitations can be imposed upon persons ordered

to give security under section 118 of the Code.” It would, of course, be
disastrous to say that a Magistrate should be bound to accept any surety that
offered, even, for example, a member of the same criminal tribe or gang. But
presumably the Court merely meant that the conditions laid down in the order
passed under section 112 could not be modified (see the first proviso to section
118). Section 112 distinctly provides that the number, character and class of
securities may be laid down in the order passed under that section. It is to be
noted also that the High Court in this case paid due attention to the responsibi¬
lity of the District Magistrate in this case; for they merely ordered a new trial.
And their ruling need not be accepted as contrary to that in Empress vs.
Rahim Buksh (I. L. R., All., XX, 206), which laid down that “it is reason¬
able to expect and require that the sureties to be tendered should not be
sureties from such a distance as would make it unlikely that they could exercise
any control over the man for whom they are willing to stand surety * *

Of course, Magistrates must not act arbitrarily in these cases: they must be
guided in each case by the facts of the case.”

The High Courts have also interfered in the matter of the amount of security
in such cases as 4 Madras High Court Reports, Appendix 47, I. L. R., Cal., II,
384, and I. L. R., Bom., XVI, 372; but they were apparently right in all these
cases. “ The individual should undoubtedly be afforded a fair chance at least of
complying with the required condition of security.” The Commission presume that
the “ fair probability ” should only be of his finding security on the assumption that
he will behave as an honest man : if he is really a bad character, and cannot be
trusted under any circumstances, he will not probably find even such security as
would be reasonable from the point of view of his position in life alone.

The only other ruling to which objection is taken is that of the Punjab Chief
Court in Masti Khan vs. Empress (Punjab Record of 1897, Criminal Judgment
No. 2). There it was laid down that “when security is taken from a man under
section 110, Criminal Procedure Code, on evidence of general repute only, that
repute should be proved to be universal, and there should be no doubt about it.”
This sentence, which is published as a ruling, occurs in a judgment which shows
that (1) a number of respectable witnesses state that accused is by reputation
a receiver of stolen property, (2) equally respectable witnesses, including

zaildars, lambardars, bankers and zemindars, give evidence that he bears a good
character, (3) that there is no previous conviction against him, and (4) there¬
fore, it is not satisfactorily proved that the accused is even by repute a receiver
of stolen property.’ Then follows the sentence- above shown as the ruling.
This is certainly a sound judgment on the merits of the case, but the wording
of it, as contained in the extract detached from the context, is misleading
and may be held to constitute the making rather than the interpretation of
the law. This has been made the basis of a later decision by the same Court,
in which the learned Judge states the facts as follows“ The evidence
against Sher Singh consists of the statements of Alladad, Deputy Inspector,
Thakur Singh, zaildar, Pala Singh, lambardar, and a few others. No evidence
was produced for the defence, and the Magistrate has remarked that the
production of further evidence for the prosecution was unnecessary, he was
so confident in his opinion after hearing that adduced. The Magistrate
evidently did not consult the ruling of P. R. 2 of 1897, Criminal, in which it is
laid down that there should be evidence that the bad repute is universal and there
should be no doubt as to this.” This interpretation of the imported word
‘ universal, ’ in a case where there was no evidence for the defence amounts to a
modification of the law.

There are, finally, two judgments of the Allahabad High Court to which the
Commission’s attention has been drawn, as indicating the Courts’ recognition
of the responsibility of the District Magistrate in regard to the criminal ad¬
ministration of his district, vis., I. L. R., AH., II, 835, and All., VI, 132. In
these the Court was unable to support the order of the District Magistrate, but
referred the cases to him for his consideration, in order that he might, should
it appear to him proper to do so, call upon the applicants to find sureties in
such amount as to him might appear adequate in strict compliance with the
provisions of the Criminal Procedure Code. These judgments indicate a
careful respect on the part of the High Court for the serious responsibility of
the District Magistrate in this matter, which is also clearly shown in one of the
Calcutta cases above quoted.

The Commission have thought it well to discuss these cases at some
length, as they indicate certain points to which the attention of District
Magistrates may well be directed and the unobjectionable character of the rulings,
with the exception of the last ruling of the Punjab Chief Court, as interpreting
the law. They think that it has been shown rather that Magistrates and police
officers are not always careful to observe the reasonable restrictions imposed
by the law on the exercise of the grave responsibility which it has entrusted
to them; that they do not always realise the urgent necessity for care
and judgment in these cases; that they are sometimes too ready to attribute a
generally hostile attitude to the Courts when they are merely insisting on the
observance of these restrictions in particular cases ; and that they have sometimes
accepted mere phrases detached from their context as expositions of the law.
The Commission have seen with surprise how some executive officers have con¬
fessedly abstained from the discharge of a most important public duty, without
consulting the authority to which they are directly responsible.

The provisions of these preventive sections are most useful and important.
Their importance in regard to the criminal administration of the district cannot be
over-estimated. But they require to be worked with great caution to prevent their

being made an engine of oppression; and the most effectual manner of securing
this is to have all enquiries into complaints of bad livelihood held in the village of
the accused. Mr. James Monro, C.B., in his evidence before the Commission,
strongly insisted upon this view. He gave the following description of the pro¬
cedure adopted by him when Magistrate of Jessore :—

I rode out to the spot, told the villagers what I had come out for, and that I wanted
to hear what they had got to say either for or against the accused. They all sat down
and I commenced to record their depositions on oath. Respectable villagers of all
classes have the greatest objection to appear in cutcherry and take an oath ; in the village,
amongst their neighbours, they have no such objection, and I had no difficulty in getting
respectable Brahmins, Purohits, traders, etc., to state what they knew either for or against
the accused. If the case was a false one, got up through local faction feeling, this fact
was sure to appear at a very early stage of the proceedings, and the man wms let go at once.
Generally, however, if the case was true, the man was condemned as a suspicious character
by the villagers. He was allowed to bring up any witnesses that he pleased and the
case was concluded then apd there, Two or three hours generally sufficed to finish the
case and the man was undoubtedly tried by a jury of his countrymen, the Magistrate's
order being merely the channel through which the verdict of the jury was given effect
to. Justice was undoubtedly done. There was no harassment or manipulation of witnesses
possible. The accused could point out his field if he said he lived by cultivation ; he
could produce his employer if he said he was a daily labourer; he had every chance
given to him ; and only when his fellow-villagers condemned him as a suspicious character)
did the Magistrate take any action against him.

The Commission strongly recommend that this practice of local enquiry
should invariably be adopted in these cases. If this be done, there will be little
danger of oppression or injustice, and though the procedure may cause some
inconvenience and delay, the advantages that it gives are so great that they
far outweigh these drawbacks. If the Magistrate on receiving information from
the police or otherwise is unable to proceed to the spot at once, he should
treat the information as confidential and take no action on it until he is in a
position to hold a local enquiry. Subject to these safeguards the law relating
to security for good behaviour may be enforced freely and without hesitation.
The public have a right to be protected from the depredations of persons who
live by crime, and it is the duty of the magistracy to make full use of all the
powers which the law gives them for that end. The fact that there has been
abuse of those powers does not justify the Courts in refusing to give effect to
them, though it does require them to take steps which will prevent abuse and
ensure justice being done.

When any person has been ordered to find security to be of good behaviour,
the-police should be empowered to take his finger impressions. They have this
power in the case of all convicts and it is desirable for the purpose of adequate
surveillance that it should also be given in the case of persons of bad livelihood
so that their finger impressions may be placed on record.

136. The provisions of section 565 of the Criminal Procedure Code, subject¬
ing certain classes of offenders to the

Police supervision. .. ....

liability to police supervision after release
from jail, were first enacted in 1898 and no rules were made under sub¬
section (3) until some time later. There has, therefore, as yet been but
little practical experience of the working of the law, but some obvious
defects have been brought to the notice of the Commission. In the first

place, under sub-section (4), refusal or neglect to comply with the rules is punish¬
able with only one month’s simple imprisonment. The corresponding provi¬
sion in the English law is contained in section 8 of the Prevention of Crimes Act,
*87* (34 an d 35 Viet., chapter 112), which provides a maximum penalty of one
year’s imprisonment, with or without hard labour, for failure to give notice of the
place of residence or change of residence, and the Commission recommend that
the Indian law be amended so as to provide a punishment not exceeding one
year’s imprisonment of either description. Another defect in the law is that it
does not apply to temporary absences for a night or two, and a person under
police supervision is thus able to go to a distance, commit a dacoity or burglary
and return home without any breach of the law or any obligation to give inform¬
ation of his movements. This is a common practice with habitual criminals in
India, and if the law is to be effective it is necessary that it should deal with the
facts as they exist. It might cause some hardship to require a person under super¬
vision to report to a police officer his intention to absent himself for such short
periods, but there would be no hardship in requiring him to make such a report to
the village headman or village watchman, and the Commission recommend that
this be provided for. In towns where there are no village headmen or village
Watchmen the report would be made at the police station. It is observed that con¬
victs released on license under section 21 of the Prisoners Act, 1900, are required
to obtain a pass before absenting themselves from their place of residence even for
a night, and as the object in view is the same in both cases the Commission see
no reason to discriminate between this class and persons under police supervision.

Criminal tribes and gangs-

The provisions of section 565 apply only to persons convicted a second time
of offences punishable under Chapters XII or XVII of the Indian Penal Code with
imprisonment for a term of three years or upwards. To these the Commission
would add the offences punishable under section 215, which relates to the levying
of blackmail or hush-money, and sections 489-A to 489-D, which relate to the
forgery of currency notes.

137. Of the provisions of the law relating to tribes, gangs or associations

of criminals the most important is the
Criminal Tribes Act, which gives powers in
respect of the registration and settlement of any section of the population which
is addicted to the systematic commission of non-bailable offences. As a pre¬
liminary to the application of the Act to any wandering tribe or gang it is neces¬
sary that arrangements should be made to the satisfaction of the Government of
India for settling it in some specified place and for enabling it to earn its living
there ; and this condition, involving, as it does, a considerable expenditure, has
undoubtedly prevented the free application of the Act to a particularly dangerous
class of the criminal population. The matter, however, is one which cannot
continue to be neglected. Every province is overrun with gangs of varying degrees
of criminality, and much of the dacoity, highway robbery, burglary and theft is
committed by them. The powers given by sections 109 and no of the Criminal
Procedure Code are of little use in the case of such people, as they have a nominal
means of livelihood, while they move so quickly from place to place, and individuals
change so frequently from one gang to another, that it is difficult or impossible for
the ordinary station police to collect the evidence required for an order to give secu¬
rity. That is essentially a task for a central and special staff; and one of the duties
assigned to the Criminal Investigation Departments which have been recommend¬
ed elsewhere is the collection of information regarding these predatory gangs, and

the preparation of criminal history sheets for each gang as a whole and for each
adult male member of it. But to enable this to be done the police must have more
powers of control than they possess at present, and they must, in particular, have
authority to take the finger impressions of all criminal members of such gangs, as
this will provide a ready means of identification when they are caught far afield
on a predatory expedition, and will put an end to the present practice of one man
passing himself off for another. The Commission accordingly recommend that
a special provision be inserted in the Criminal Tribes Act to authorise the simple
registration of notified criminal gangs, and the taking of the finger impressions of
the adult male members, where necessary. The other provisions of the Act need
not be applied, and it would, therefore, be unnecessary to insist upon the condition
regarding the provision of a means of livelihood. The Commission fully recognise
the justice of that condition when the movements of a gang are restricted, and
they think it is also not unreasonable to require it before applying those provisions
of the Act which impose a liability to enhanced punishment for certain offences
(section 19-A) and award a somewhat heavy punishment to members of such gangs
who are found under suspicious circumstances (section 19-B). Something
more than the taking of finger impressions will undoubtedly be necessary, but
in the opinion of the Commission the first thing to be done is to collect
complete and accurate information about these gangs. When that is obtained
the authorities will be on sure ground and can determine without difficulty regard¬
ing each gang whether it is desirable to attempt to settle it in the manner
contemplated by the Act; or to restrict its movements to some area which is
large enough to allow of its members earning an honest livelihood by the
genuine pursuit of their nominal avocations, and small enough to ensure its being
well known to the police and the villagers of the tract; or to treat it in such
other manner as the information collected may suggest to be desirable and
adequate. But in all these cases the guiding principle should continue to be that
when movements are restricted the State must make arrangements to enable the
gang to earn its living unless it is satisfactorily proved that its existing means of
livelihood are suitable and sufficient.

Regarding the success of the settlement of criminal tribes and gangs the
evidence is somewhat conflicting. In the United Provinces such settlements have
been declared by many witnesses and by the Local Government to have proved a
failure ; elsewhere the results have been more encouraging, but the-evidence sug¬
gests that too much has been left to the fortuitous enthusiasm of individual officers
and that what is wanted is a deliberate and consistent policy steadily and ener¬
getically pursued. It is undoubted that many tribes formerly criminal have
settled down to peaceful avocations and comparatively honest lives, and it is not
unreasonable to believe that if arrangements are made with judicious regard to the
special peculiarities and aptitudes of each class a much larger measure of success
may be obtained in the direction of reform. Action must, however, be based on
accurate knowledge, which is at present largely wanting, and the first step must
be to obtain this knowledge. Schemes suited to the special circumstances of each
case can then be devised with some confidence of their success.

The present practice of deputing a single constable to watch wandering
gangs is ludicrously inadequate. The unfortunate man is powerless in such
circumstances: he has sometimes even been made to drive the donkeys of the gang;
sometimes he is left tied to a tree; while only too often he accepts a bribe to wink

at the doings of the men he is supposed to be watching. If it is necessary to
watch such a gang, it should be done intelligently and effectually; if for want of
men or other reason an effective surveillance is impossible, it is better to attempt
nothing at all.

Another practice which the Commission unhesitatingly condemn is the
grant to members of such gangs of licenses to possess and carry arms. Crimi¬
nals of this character should on no account be permitted to possess firearms,
and the provisions of the Arms Act should be rigorously enforced against them.

138. It is essential to the success of any measures for the control of crimi-
„. . , , . nal tribes and gangs that they should be

extended to Native States, for if they
are restricted to British India they may result in forcing these classes to migrate
to Native States, where they will with more impunity carry on their criminal opera¬
tions, and from whence they will make periodical forays into our territory. Such
incursions are only too common at present, and the Commission have received
many complaints of the depredations committed by Minas, Baurias, Mogiyas,
Kanjars and others from the States of Rajputana and Central India. The
watching of borders for the purpose of preventing raids by these tribes
throws an intolerable burden upon the British police, a burden which would be
unnecessary if there were an efficient police administration in the Native States,
The Thagi and Dakaiti Department seems, of late years at least, to have
given but little help in connection with this class of criminal. The Commission
are of opinion that the proper remedy for the evils complained of is, on the one
hand, an improvement of the police of the Native States, not the attempted
supersession of them by a force too small to be effective and too scattered for
efficient control; and, on the other, their inclusion in the system of organised
effort against organised crime. So long as Alsatias exist wherever our borders
march with Native territory, the task of suppressing dacoity and other organized
crime will be beset with difficulties. Moreover the attitude of Native State
police reacts upon our own officers, who are only too ready to drive a gang
across the borders, careless of what becomes of it there and of what crimes it
may commit. In place of this mutual indifference and almost hostility,
successful police work requires cordial co-operation and mutual assistance.
Police Officers of neighbouring States and Provinces should be in close
personal communication. Each should have confidence that the other will give
him loyal assistance in dealing with crime and criminals, and that he will not
permit his subordinates to shirk their duties and responsibilities to one another.
The Commission have not felt themselves authorised to make inquiries
regarding the police arrangements in Native States. They are not, therefore
in possession of information which would enable them to advise regarding
the precise lines which the needed reform should take. But they have had
abundant evidence of the necessity for it, and regard it as a matter of urgent
importance that a beginning should be made without delay. In this connection
may be mentioned a proposal that when a member of a registered criminal tribe
escapes into a Native State, his extradition should be made lawful, and a further

proposal that the law should also provide for reciprocity on the part of the
authorities of British India. The Commission recommend the consideration of
these proposals.

139. Reference has already been made to the police supervision over habitual

_offenders which is rendered lawful by

Police surveillance, w # # *

section 565 of the Criminal Procedure Code.
There are, however, a large number of dangerous criminals against whom no order
has been made under that section but over whom the police must exercise
surveillance in order to prevent their committing crime with impunity. Every police
manual contains elaborate rules on this subject, and the Commission have received
much evidence in criticism of existing practice and many suggestions for reform.
The main fault in most of the rules is that they impose a somewhat unintelligent
rigidity of system and fail to discriminate between the casual and habitual criminal;
in the endeavour to watch all, the really dangerous frequently escape observation.
The opinion of the best officers is that surveillance should be restricted to persons
whose conduct has shewn a determination to lead a life of crime. To ascertain
these it is proposed to institute a system of history sheets, somewhat similar to,
but much less elaborate than, the dossier of the French Police. In order to deal
effectively with crime it is necessary to have a continuous record of the criminal
history of individuals and localities. It is proposed, therefore, to have for each
village a crime note book, which will contain a permanent record of the important
crime and criminals of the village. Whenever an inhabitant of the village is
convicted of any offence mentioned in section 75 of the Indian Penal Code, or
sections 3 and 4 of the Whipping Act (VI of 1884) or of such offences as thagi,
forgery of currency notes, kidnapping, gambling or opium-smuggling, the convic¬
tion will be entered in this note book. Similarly an entry will be made in every
case of an order to furnish security for good behaviour. These note books will
be kept in the police station and the entries will be made by the officer in charge.
When he makes an entry it will be his duty to consider whether it is desirable to
open a history sheet for the person to whom the entry applies; and if he thinks
that this should be done he should seek the sanction of the Circle Inspector.
The general rule should be that history sheets should be opened only for persons
who are likely to become habitual criminals or the aiders and abettors of such
criminals. It may occasionally be necessary to begin a history sheet for a man
even though he has not been convicted ; and this is specially the case with
receivers of stolen property and persons concerned in levying black-mail for the
recovery of stolen cattle. There would be no regular watching over the move¬
ments of persons for whom history sheets are opened ; but the officer in charge of
the police station would make confidential inquiries regarding the mode of life of
such persons when he visits each village, and note in the history sheets inform¬
ation, both favourable and unfavourable, which he may obtain in this or any other
way. If the entries in the history sheet give rise to a reasonable presumption that
the individual is living a life of crime, a statement of the facts will be submitted to
the Superintendent or Assistant Superintendent, as the case may be, and he will
decide whether there are sufficient grounds for requiring the police to exercise a
closer supervision. It is desirable that, wherever possible, this decision should be
based on inquiry at the station and not merely on a written report. Should
his decision be in the affirmative, he will direct the entry of the name in the
surveillance register of the police station; the history sheet will then be
maintained in much greater detail, and if the surveillance is effective a
comparatively short period of close supervision will either show that the
suspicion of criminal livelihood was unfounded, or will furnish evidence suffi¬
cient for the conviction of a specific offence or to justify the taking of security

for good behaviour. If a Superintendent decides to order the name of any person
to be placed on the surveillance register, it may sometimes be expedient for
him to take an opportunity privately to inform the individual that his conduct has
been suspicious and that his movements will be closely watched by the police.
Entries in the history sheets and surveillance register must be scrutinized by the
Superintendent whenever he visits the station; and no name should be retained
in the register for more than three years without a special explanation of the
reasons for doing so. Specimens of a village crime note book and of a surveil¬
lance register, together with draft rules for their maintenance, are contained in
Appendix VII.

The next question for consideration is the manner in which surveillance is
to be exercised. In towns it must be done by the police, but in villages much
of it may, and must, be entrusted to the village headman and the village watch¬
man. In the Punjab these officials are now bound by law* to report the move¬
ments of all bad characters in the village or beat, but elsewhere the legal liability
extends only to the reporting of the arrival in the village limits of suspicious
persons and not to the movements of such persons residing in the village.
The Commission recommend that the law in other provinces should be assimi¬
lated to that of the Punjab, for it is both expedient in itself and in accordance
with the customs of the country that the responsibility for watching its bad
characters should be placed on the village rather than on the regular police. It
will, however, be useless to impose this liability unless the list of bad characters,
which must be communicated to the village headman, is rigorously confined to
the narrowest possible limits.

140. It will be necessary to exercise some check over village officers to ensure

the due performance of their duties in
Beat duties. respect of bad characters; and the officer in

charge of the police station will do this mainly by personal visits, though he will
also be at liberty to send out constables and head constables from time to time to
ascertain whether bad characters are present in their villages. He may also send
constables to camping grounds, serais, ferries and all places of public resort to
pick up information, but, as explained in a previous chapter, the existing beat
system of regular visits to all villages is both unnecessary and objectionable,
and should be abolished. It will no doubt happen that some, perhaps many,
of the village officers will prove unworthy of the trust placed in them, but the
true remedy for this is to discriminate between the reliable and the untrustworthy
officers and not to place all alike under a system of supervision which kills all
sense of responsibility and self-respect. To ensure success the cordial co-opera¬
tion of the officers of the Revenue Department, to whom the village headmen
are subordinate, is essential, but there is no reason to fear that this will not be
secured, as the necessary unity of control is afforded by the position of the
District’Officer in relation to both the regular police and their village co-adjutors.
The present system is admittedly a failure, and the Commission are convinced
that improvement will be found, not in brushing to one side the indigenous village
agency which has existed for centuries, but in quickening and fostering the
sense of village responsibility, which has everywhere been permitted to languish
under the mistaken impression that reliance must be placed mainly on the regular

police.

* Paragraph 18 of the Rules made under section 39-A of the Punjab Laws Act, 187a.

9 8

141. Having thus indicated the measures which commend themselves to the

Commission for the registration of bad

Communication of information. - ■ ...

oKnmofprc an tVif» rprim-finc nf their

movements, it is necessary to pass on to the steps to be taken for the
prompt communication from one police centre to another of information
regarding those movements. One of the worst features in police work, as per¬
formed at present in India, is the indifference of officers of the department
in respect of everything that occurs outside the limits of their own jurisdic¬
tion. The officer in charge of a police station only too often shuts his eyes and
ears to the doings of his own bad characters provided they confine their opera¬
tions to places beyond his station borders ; and to such an extent has mutual
distrust developed that it is not uncommon to find two neighbouring Superin¬
tendents jealously watching their respective frontiers as if the adjoining district
were a foreign territory. Some amelioration of this deplorable state of
affairs will no doubt follow from an improvement of the class of officers m
charge of the stations, from the provision of a better and closer supervision, and
from the linking up of districts within the same province by the Provincial Cri¬
minal Investigation Departments, and. of provinces by the Central Department
for the whole of India. This is, however, one of the branches of police work
in which uniformity of action is necessary throughout the country, so that every
police officer may feel a reasonable confidence that he will receive prompt and
full notice of the departure for any place within his jurisdiction of any dangerous
criminal, whether of another district or of another province. The criminal classes
now largely use the railway and the telegraph and these facilities must also
be open to the police, who should be allowed to pay both for railway tickets and
telegrams by requisition notes, a practice which already exists in respect of the
former in the Madras presidency, where it has been found to work well. Whether
the first intimation is sent by telegram or not, a detailed account of the person and
character of the individual under surveillance must be sent by post. A form for
this purpose is given in Appendix VII, and this is recommended for general
adoption throughout India. The railway police will prove most useful interme¬
diaries for watching criminals en route , and the recommendations on this branch
of the force include proposals which, if accepted, will secure prompt co-opera¬
tion and communication between them and the district police.

In this connection attention may be drawn to the importance of communi¬
cating promptly to neighbouring police stations, and in particular to the nearest
railway police station, full information regarding serious offences, with a detailed
description of the articles stolen in the case of offences against property. This
information will, of course, also be furnished to district headquarters, and the
Superintendent will then decide in what cases publication in the Police Gazette
is necessary. A similar procedure should be followed in respect of absconding
offenders. To facilitate the preparation of such lists and notices every police
station might be provided with a cyclostyle. As in the case of the movements
of persons who are entered in the Surveillance Register, free use of the telegraph
and the railways should be permitted, and all police stations in towns should be
connected by telephone. Advantage must always be taken of the postal service,
and where this is defective, the indigenous method of passing on information
from village to village by means of the village watchmen should be fully utilized.
The communication of information as described above should not be confined to
British India, but should be extended to police stations and offices in neighbouring

Native States ; and police officers in those States should be encouraged to
furnish similar information to the British authorities. To enable this to be
done effectually it is essential that police officers should be kept informed of
changes in the personnel of the neighbouring force, in order that they may know
with whom to communicate. The Commission have received evidence that co¬
operation between British districts and Native States is particularly defective.

142. The patrol of

Road patrols.

country roads in the daytime is probably nowhere
necessary, while the need for such patrols
at night must vary with the local customs as

to night travelling and with the character of the country. In the south of India
travelling by night is common and road dacoities are frequent. Brigandage of this
kind is a serious blot upon any administration which claims to be civilized, and
at whatever cost it must be put down. If a regular system of patrolling is

enforced the roads can be made quite secure, and the police establishment must

be fixed at a strength which will allow of the requisite force being provided. It
is quite unnecessary, however, for the police to patrol other than dangerous
roads; and the Commission are disposed to think that for patrol duty armed
foot constables are more efficient than mounted men, except where the dacoits

themselves are mounted, or where the circumstances of the tract to be patrolled
manifestly demand the prompt communication of information by mounted police.

143. Beat duty in towns differs considerably from rural beat work and might

more appropriately be called patrol duty.

1.1,!, in There is considerable evidence that owing

to want of men and to inadequate supervision the protection afforded by the
police leaves much to be desired, and the prevalence of burglary shows that this
belief is well-founded. The remedies fortunately are simple; the police force must,
where necessary, be strengthened so as to secure that every part of a town is
patrolled throughout the night at intervals which will render the commission of
crime difficult, if not impossible; there must be a sufficient number of supervising
officers to provide an adequate check over the beat constables ; and there must be
an intelligent watch over the movements of the most dangerous criminals. With
respect to the first of these proposals the Commission recommend the adoption
of the scheme of duty given in Appendix VIII, which provides for a double
patrol at night and at the same time gives each man one night in bed after two
nights on duty. This scheme, however, will be of little use unless the beats are
so fixed that each can be traversed within a reasonable time. The second
of the proposals requires a relatively high proportion of head constables
and possibly a judicious admixture of European sergeants, who, when care¬
fully selected, are particularly valuable for checking night duty. The third
remedy is mentioned because it has been brought to the notice of the Commis¬
sion that the present method of surveillance consists for the most part in paying
a visit to the suspect’s house and ascertaining by a personal interview that
he is present. He knows that he will not be looked up again that night, and
as soon as the police have gone he is free to sally forth and commit his de*
predations with but little risk. There is no attempt at secret watching, no
plain-clothes patrols, no intelligent endeavour of any kind to ascertain the
real movements of a suspect. The criminal is found at his house, the prescribed
entry is made in the prescribed record, and routine having been complied with,
the police are completely indifferent to the fact that essentials have been wholly

IOO

neglected. The fault lies more with the officers than the men, and more with the
system than with either, for the system provides no real training and insists mainly
on the supreme importance of records and their regular and correct preparation.

Lighting of towns.

144. There is one other direction in which improvement would greatly assist

the police in preventing nocturnal crime in
towns, and that is the better lighting of the
streets. There are few towns in which the street lamps are left alight after
midnight and many in which they are extinguished earlier. The advant¬
ages of well-lit streets in providing for security of person and property are so
obvious that it ought to be necessary only to point out any defect in this respect
to ensure its being remedied at once.

145. One well-recognized method of preventing offences against property is

to take vigorous action against receivers.
In most provinces a considerable number
of persons are convicted every year of receiving stolen property, but the
evidence goes to show that there is but little success in dealing with habitual
receivers. It is not that the real receivers are not known to the police: they
are well known, but they purchase immunity from arrest and prosecution by
giving occasional assistance in the detection of cases, while the police are
sometimes actually in their pay. There is, therefore, a marked reluctance to
proceed against them, their premises are seldom watched, and it is extremely
rare for a police officer to ask for a search warrant under section 98 of the
Criminal Procedure Code. The Commission fully recognize the difficulties
in a country where every village of any size has one or more goldsmiths and
where nearly every goldsmith will buy stolen jewellery. Any legislation on
the lines of the English Pawnbrokers’ Act would be useless, but energetic,
intelligent and honest action within the limits of the existing law would secure
much better results than are obtained at present. In England it is now not
uncommon for the Courts to postpone passing sentence on a person found guilty of
an offence against property in order to allow him an opportunity to restore the stolen
goods and give information as to the receiver, on the understanding that his
conduct in this respect will be taken into consideration in awarding punishment.
Something of the same kind might be tried with advantage in India. Convicts
might also be questioned and given a remission of sentence or a conditional
pardon if the information furnished by them stands the test of examination
and secures the conviction of receivers. This was the method adopted by
Colonel Sleeman with such excellent results in his campaign against thagi, and
the valuable lesson should not be thrown away.

146. The only other class of criminals that require special notice in connec¬
tion with the prevention of crime are cattle-
" thieves. Cattle-theft is extremely common

in India; and it is a remarkable fact that everywhere, from Peshawar to Cape
Comorin, the crime is combined with the practice of restoring the stolen
animals on payment of blackmail. If this practice could be suppressed, cattle¬
stealing would be much less remunerative, for it is not easy to dispose of stolen
cows and bullocks, and the attempt to do so would often lead to the discovery of
the offender. But so long as the custom of paying blackmail continues
unchecked, the gains of the criminal will be comparatively large and the risk

101

of detection very small, for thief and owner are jointly interested in concealing all
information from the police. The prevalence of the custom is no doubt largely
due to the inefficiency of the poliee, who rarely succeed in recovering stolen cattle.
The people, therefore, not unnaturally, prefer to pay blackmail and get their
animals back at once rather than trust to the machinery of the law, which experience
teaches them will always be slow and usually barren of result. In these cases
of blackmailing an influential part is played by an intermediary, who levies a
toll upon the amount of blackmail which he succeeds in extorting. By so doing
he renders himself liable to punishment under section 215 of the Indian Penal
Code, but that offence is non-cognizable and the police are powerless to interfere
without the order of a Magistrate. This is seldom asked for, because it is espe¬
cially difficult for the police to obtain information in such cases, where complainant
and offender are in collusion, without a careful and prolonged investigation,
and this the police have no authority to make as the offence is non-cognizable.
The Commission accordingly recommend that the offence described in section
215 of the Penal Code be made cognizable, so as to allow the police to take
prompt action as soon as they have reason to suspect that such an offence has
been committed. These intermediaries are in very much the same position as
receivers, and if their power can be broken there will soon be a marked diminu¬
tion in the crime of cattle-theft, a crime which causes very serious loss, both
direct and indirect, to a community mainly dependent upon agriculture. The
Commission would also recommend the employment of trackers by the police
in provinces where good trackers are to be found. In* places where cattle-theft
is unusually rife the permanent enlistment of such men on good wages would
possibly be the best course; elsewhere it would probably be sufficient to encour¬
age them by the prompt grant of substantial rewards. It should also be con¬
sidered whether the Punjab Track Law (sections 41 and 42 of the Punjab Laws
Act, 1872) might not with advantage be extended to other parts of the country
where the conditions resemble those of the Punjab.

Other useful preventive measures are the registration, usually by a market
clerk, of the purchase of cattle, and the grant of passes or certificates of owner¬
ship by the village headman to any villager who proposes to take his cattle for
sale. Both practices prevail in parts of the country, and their usefulness is estab¬
lished by experience. They have not the sanction of the law, and the Commis¬
sion do not recommend that they should be made compulsory. It will be
sufficient if they are given every legitimate encouragement and facility, and if the
police take full advantage of them wherever they exist.

147. The employment of special constables under section 17 of Act V of 1861

and the quartering of additional police in dis-

Special constables and additional police.

useful preventive measures, but the Commission have no special recommendation
to make, beyond urging that bad characters should not be enrolled as special
constables, and that, as already stated in Chapter III, the system of tikri
chaukidari may sometimes be adopted in place of additional police.

148. No treatment of the subject of the prevention of crime would be com-
. plete without some reference to that im-

Reform Of cnminihf. *

portant branch of it which relates to the
reform of criminals. Something has already been done in this direction by the

102

State. Reformatory schools have been established in all the larger provinces)
and much trouble is now taken to assist youths on leaving these schools to find
suitable employment and lead honest lives. *The law (section $62, Criminal
Procedure Code) empowers the Courts to release certain classes of first offenders
on security to be of good conduct, instead of sentencing them to punishment.
The segregation of old offenders is now carried out, to some extent at least,
in most jails. Nearly all prisoners are taught some craft or industry, but as they
are seldom able or willing to follow it on release this is of little practical use as
a measure of reformation. The efforts to reclaim criminal tribes have already
been referred to. Private benevolence has so far done but little. There are
two or three societies for aiding released prisoners, and a few industrial schools
for the poor, which do something towards the reclamation of children who might
lapse into crime. In England private effort has been much more active and
there is now a considerable number of societies for the aid of discharged prison¬
ers. It is fully recognized that the circumstances of England differ widely
from those of India, for the large majority of Indian prisoners have land or
employment to which they can return without difficulty on release from jail.
There is, however, a not inconsiderable residuum who have little hope or chance
of earning an honest livelihood, and in the relief and assistance of these there
is room for the charity and labour of the benevolent. The State can and may
legitimately give help, advice and encouragement to societies formed for this
purpose. It may properly, for example, make grants in aid of the funds collected ;
it may give reasonable facilities of access to the jails; it may furnish information as
to likely fields of employment, and generally give method and direction to these
private efforts so as to make them most effective. It can, however, do directly
little more than at present; but the answers to the question which the Commission
issued on this subject show that it is not fully realized how much is being done ;
and this in turn may indicate that there is room for further expansion on existing
lines; that, for example, more reformatory schools are required, that fuller use
should be made of the discretion regarding the punishment of first offenders,
and that the segregation of old offenders should be made more complete. The
Commission, however, did not make detailed inquiries on these points and beyond
the general suggestions made above they have no recommendations to make.'

CHAPTER VIII.

Reporting and Investigation of Offences.

149. The Criminal Procedure Code provides that certain persons shall give

Doty of reporting offences.

information regarding offences; and sec¬
tions 176, 177 and 202 of the Indian Penal

Code provide penalties for failure to discharge this duty. Section 44 of the
former Code makes it incumbent on “ every person aware of the commission of, or

of the intention of any other person to commit,” certain serious offences therein

specified, to give information forthwith to the nearest Magistrate or police officer.
And section 45 directs that every village headman and village police officer, and
certain other persons concerned in the administration of a village, “ shall forthwith
communicate to the nearest Magistrate or to the officer in charge of the nearest
police station, whichever is the nearer, any information which they may obtain
respecting ” certain classes of offenders; the commission of, or intention to
commit, certain offences; the occurrence of any sudden, unnatural or sus¬

picious death ; and any matter likely to affect the maintenance of order, preven¬
tion of crime, or safety of person or property respecting which the District
Magistrate, with the previous sanction of the Local Government, has directed
them to communicate information. Information of offences will ordinarily reach

the police through persons bound under these two sections to give information,
or through complainants interested in the punishment of the offences. On the
■whole, serious offences are generally very fairly reported, though the corruption,
oppression and inefficiency of the police already described, and the delays,
expenses and vexations too often involved in the prosecution of cases, have
led to the suppression of crime to a greater or less degree everywhere. With
improved police (and also, improved magistracy) it will be reasonable to insist
more rigorously on compliance with the provisions of the law, and to pxpect com¬
plainants to come forward more freely than heretofore. The Commission would
not insist on the reporting of trivial cases, but on the prompt reporting of any
case included in sections 44 and 45 of the Criminal Procedure Code. They do
not consider it necessary that village headmen or village police officers should
report every cognizable offence however petty, but would insist on their reporting
every offence which the police should ordinarily investigate (see paragraph 152

below).

150. It is very desirable to encourage complainants and others to give inform¬
ation in writing; but in the present state

Record of information.

of education throughout India, it would be

impossible to insist on this. Village headmen in particular should be encouraged
to report offences to the police in writing ; and, where that is possible, a
copy of the report should at the same time be sent to the nearest Magistrate
having jurisdiction. This would be a very effective check on the police: it
would not indeed be any check on a police officer if the village headman were
in collusion with him ; but it would be a great help to any honest village officer to
be able to tell the police that a copy of the first information had already gone to
the Magistrate. It would be well, when headmen can send their reports in writing,
to supply them with bound books, paged and in counterfoil. The state of edu¬
cation, however, prevents th^ possibility of insisting on this ; and it is sometimes

io4

necessary to secure great promptitude by despatching a messenger with an oral
report. The sooner the report reaches the police station, the less chance
there is of interested persons putting a wrong complexion on the case, and the
greater likelihood there is of the offender being apprehended and convicted.
Pending the arrival of the police, the headman should take all necessary steps
(so far as he can) to prevent the disappearance of, or tampering with, evidence.
Above all things, prompt reporting is to be insisted on in respect of all cases
calling for investigation. The law, therefore, does not insist on reports being
made in writing. Section 154 of the Criminal Procedure Code directs that
“ every information relating to the commission of a cognizable offence ” given
to an officer in charge of a police-station (&.<?., the first information of the offence
by whomsoever given) shall (a) if given orally be reduced to writing and read
over to the informant, and (b) be signed by the informant, and (c) that the
substance thereof shall be entered in a book to be kept by such officer in a form
prescribed by the Local Government. The Commission would recommend that
this book be called the “ First Information Book,” and should be in the form given
in Appendix IX. The necessary copies should be made by the carbon process. A
copy should be forthwith sent (section 157) in every case direct to the Magistrate
having jurisdiction ; and another copy should be sent to the Inspector, who will
forward it to the Superintendent (or Assistant or Deputy Superintendent as the
case may be) with any necessary remarks. Section 158 allows this report to be
sent to the Magistrate through any superior officer of police if ordered by the
Local Government. The evidence before the Commission shows that this
often leads to great delay in the report reaching the Magistrate, and to no
compensating advantage. It would be better to send one copy to the Magis¬
trate and another to the Superintendent through the Inspector. In important
or specified cases, a report might also go to the Superintendent direct. It is
unnecessary to give the complainant a copy of the first information; but the
necessity for full and immediate compliance with the provisions of section 154
should be strongly insisted on. At present a police officer sometimes delays
making the record of information, either on the plea that he is awaiting the real
complainant,. or until he goes to the spot and forms his own impression of the
case. In some places it has quite become the established practice to send the
first day’s diary with the report. This is quite contrary to the intention of the
law; and to prevent this serious abuse, it would be well to insert the word
" then ” before the word “proceed” in section 157 (1), so that the officer in
charge of a police station would realise that he was breaking the law if he did
not " forthwith ” send the copy of the entry to a Magistrate empowered to take
cognizance of the offence, and “ then ” proceed to investigation. In cases of
great urgency the officer should at once proceed to the spot; but he should instruct
the officer left in charge to despatch the report immediately. The necessity
for Magistrates scrutinising these reports, and not merely filing them, must
also be strongly enforced. Information as to non-cognizable cases (section 155)
should be entered in the General Diary (section 44 of Act V of 1861) and not
in the First Information Book.

151. Having thus recorded the information and forwarded the report to the

investigation on the spot. Magistrate empowered to take cognizance

of the offence, the officer in charge
of a police station shall proceed in person, or send a subordinate, to the spot to
investigate the facts and discover and arrest the offender (sectidn 157). There

are two provisos to this section. The first is that investigation on the spot
may be dispensed with in case of information against any person by name regard¬
ing an offence which is not serious. In that case the officer must in his report
state the reasons which induced him to think local investigation unnecessary.
This proviso has been misinterpreted in some parts of the country as giving the
police officer authority to conduct any investigation at the police station, to the
great inconvenience of the people who are dragged there for the purpose. In
other parts it has been misinterpreted as requiring him to abstain from investi¬
gation in the cases to which it applies. It seems to the Commission that what
is intended is merely that when a case of the nature referred to is brought to the
police station complete, the accused being known, no investigation is necessary.
Such a case should be at once sent on to the Magistrate having jurisdiction,
the accused being sent up in custody or on bail as the case may be. But if any
investigation has really to be made, it should be made on the spot: to allow
this salutary rule to be broken is to save the police trouble at the cost of great
annoyance and inconvenience to the people. Investigation should be made “ on
the spot, ” i.e., at the place most suitable for its success and for the convenience
of the people. The practice, which prevails in some places, of following a local
investigation by a formal inquiry at the police station, at which all the witnesses
are required to be present must also be strongly condemned. On the other hand,
the only cases in which there should be no investigation are those covered by
the second proviso to this section.

152, This second proviso directs that “ if it appear to the officer in charge

of a police-station that there is no sufficient

Optional investigation. , f ,

ground for entering on an investigation, he
shall not investigate the case. ” The law leaves the matter to the discretion of
the police officer. With a good class of station-house officers this might have
been safe; but the discretion has not been wisely exercised. The pettiest cases
have been taken up, because they were simplest and offered an easily-won suc¬
cess to add to the average of convictions; complainants have been compelled
to prosecute against their will to improve the police returns; and the result has
been either the suppression of reports or the worrying of the people. Some
Local Governments, realising the aggravated annoyances involved in the invasion
of a village by an unpopular police, have tried “ to mitigate these evils by reducing
the number of obligatory investigations.” The police have been forbidden without
the express desire of the complainant to investigate petty cases, which have been
defined so as to exclude thefts of property under Rs. 10 in value, burglary with¬
out theft, and the like. It is a striking illustration of the popular view of the
police that the general effect of these rules has been enormously to raise the number
of reports of cases in which property of less value than Rs. 10 was stolen and of
burglaries where no-theft was effected. In Bengal, even when stolen property had
been recovered, the owners often refused to acknowledge it, because they had
reported that no property had been lost. The fixing of a money limit in this way
to deprive the police officer of his discretion is not by any means a sound
definition of petty offences, and does not seem to have been a satisfac^
tory expedient. With a better staff of station-house officers, and more effective
control by their superiors, it will be much better to leave discretion to be
exercised as the law requires. There are only certain principles which the Com¬
mission would enforce as being in accordance with the spirit of the law and as

io6

having been shown to have been overlooked with very unfortunate results. These
are:—

(1) No investigation should be made in any case which, after consideration

of the complaint and of anything which the complainant may have
to say, appears to fall under section 95 of the Indian Penal Code.
This would recall to the station-house officer the provisions of the
law regarding trifling and unreasonable complaints, and might also
lead him, in the exercise of his discretion, to bring about an
amicable settlement in some cases.

(2) No investigation should be made in any case where the complaint

shows the case to be one of a purely civil dispute, that is, where the
complainant is apparently seeking to take advantage of a petty or
technical offence to bring into the criminal courts a matter which
ought properly to be decided by the civil courts. These form a class
of cases in which police powers are most abused, in which there is
the most improper application of the criminal law, and which lead
to more corruption than any others. If by clear instructions and
careful supervision the police can be restrained from interfering in
what are really civil cases affecting moveable or immoveable pro¬
perty, corruption will be immensely reduced, and a great cause of
scandal will be removed.

(3) No investigation should be made in any case which the village magis¬
trate or headman or other village tribunal is empowered under any
local law to deal with and dispose of. It is most inexpedient to have
the police interfering in petty cases ; but it is hard, especially on the
poor, to deny justice in some cases which are petty ; and the more
a village agency can be utilised in dealing with these, the better.
In some provinces, notably in Madras and Burma, this agency is
already doing valuable work ; and the Commission earnestly hope
that it will be utilised, as far as possible, everywhere.

In other cases than those of the three classes above referred to, the police
officer should ordinarily make the investigation, if the complainant so desires, unless
there are special reasons against this course. The section (157) provides that
these reasons must be recorded. On the other hand, an officer should not
ordinarily enter on an investigation, if the injured person does not wish for one,
unless the offence appears to him to be really serious, or may reasonably be
suspected to be the work of a professional or habitual offender or of a member
of a criminal tribe known to be addicted to crime, or unless it is otherwise
desirable in the interests of the public that the case should be investigated. The
investigating officer may often satisfy himself as to the nature of the case and
the probable character of the offender by inspecting the scene and asking a few
questions on the spot; and, if he then deems it unnecessary to proceed further, he
should decline to go on with the investigation and make the report required by
the law. It is by instructions such as these that the Commission would propose
to guide police officers in the exercise of their discretion.

153. With the view of reducing the number of cases in which the police will

ordinarily interfere, many witnesses have
made suggestions for increasing the list of

Cognizable offences.

107

non-cognizable cases, under the second schedule appended to the Criminal Proce¬
dure Code, or under any other law. These suggestions have been very carefully
considered by the Commission ; but they have not any very great modification of
the law to propose. There are, for example, many witnesses who propose to make
the following offences under the Indian Penal Code non-cognizable: voluntarily-
causing hurt by dangerous weapons or means (section 324), or by an act which
endangers human life (section 337); and voluntarily causing grievous hurt (section
325), on grave and sudden provocation (section 335), or by an act which endangers
human life (section 338). The Commission consider that it would be very
dangerous to prevent the aid of the police being called in in some cases under any
of these five sections. It is true that some offences falling under these sections
may not be of a very serious character ; but it must be observed that they are all
bailable, a fact which enables the police to deal reasonably with the more unimport¬
ant cases. The Commission, therefore, think it unnecessary, as well as inexpedient,
in the public interest, to make these offences as a class non-cognizable. On the
same grounds they have not adopted the suggestions of many witnesses that
offences under section 143 (being members of an unlawful assembly) should
be made non-cognizable. It is important that the police should be able to take
cognizance of this offence 3 and, with an improved police, the fact that the
offence is bailable is sufficient to prevent undue hardship. Another suggestion
which the Commission find themselves unable to recommend, though it has
received strong support, is that concealment of birth by secret disposal of a dead
body (section 318) should be made non-cognizable. They sympathise with the
desire to prevent the police, as far as possible, from interfering in cases involving
the character of women. But it would be dangerous to make non-cognizable
an offence so nearly associated with infanticide j false cases are rare, owing to
the necessity for there being a dead body ; and the offence is bailable. They
would not, therefore, alter the law. On the other hand, the Commission accept
the recommendations made by many witnesses that wrongful restraint (section
341), wrongful confinement (section 342), unlawful compulsory labour (section
374), criminal breach of trust (section 406), and criminal trespass (section
447) should be made non-cognizable. None of these are very serious cases ;
none of them demand immediate interference on the part of the police ; and
all of them partake in a greater or less degree of the nature of civil wrongs.
It is well that the Magistrate should decide when the criminal law is required
to be put in motion in such cases. The Commission would not extend this
recommendation to the case of criminal house trespass (section 448); because
they think that any man ought to be protected at once by the police against
intrusion in his house with criminal intent.

154, “ Offences against other laws ” are cognizable if punishable with im¬
prisonment for three years or upwards (see

Nuisance cases . _ , . . T .

the end of Schedule II) ; and there are
certain Acts, e.g., the Railway Act IX of 1890, in which certain offences are
expressly made cognizable. The Commission do not suggest any amendment in
these special or local laws except as regards what may be generically termed
“ nuisance cases.” The principal enactment dealing with these cases is section
34 of the Police Act (V of 1861), which empowers any police officer to take into
custody, without a warrant, any person who, within his view, commits certain
offences to the obstruction, inconvenience, annoyance, risk, danger or damage of
the residents or passengers. Similar provisions are to be found in section 8 of

io8

the Madras Towns Nuisances Act (III of 1889) and in the Municipal Acts of all
provinces. The old Bombay District Police Act (VII of 1867) gave the police
similar powers of arrest; but this was repealed by the present Bombay District
Police Act (IV of 1890), which contains no such provision. The Bombay police
officer must, therefore, in regard to nuisance cases, be guided by the provisions at
the end of Schedule II of the Criminal Procedure Code, noted above, and also by
section 57 of that code, which provides that when any person, who in the presence
of a police officer has committed, or has been accused of committing, a non-cog-
nizable offence, refuses, on demand of such officer, to give his name and
residence, or gives a name or residence which such officer has reason to believe to
be false, he may be arrested by such officer in order that his name or residence
may be ascertained, and, when these are ascertained, he shall be released on
executing a bond. No complaint was put forward'in the Bombay presidency of
this procedure being inconvenient or ineffective; and the Commission recommend
that it be made universal. The strongest representations have been made of the
annoyance caused to respectable persons, and of the illegal gratifications exacted,
by thfe police in regard to nuisance cases ; and the Commission are of opinion
that, in all these petty cases, the provisions of section 57 of the Criminal Proce¬
dure Code are sufficient and that to act on them would give great relief and satis¬
faction to the people. No provisions other than these should be made for deal¬
ing with these cases. To prevent the adoption of this suggestion from resulting in
the issue of an undue number of processes by the Magistrates, it would be quite
practicable to amend the law so as to give police officers in towns power to
bind over any offender against these sanitary laws to appear before a Magistrate,
and for this purpose they could be supplied with small books of bail bonds in
counterfoil which they could promptly use when occasion required. In this connec¬
tion the Commission would also recommend that prosecutions for nuisance cases
should only be instituted in towns in which Magistrates competent to deal with
them reside or which such Magistrates periodically visit. Such cases, though
they cannot be neglected, should not be made vexatious to the people.

155. A cognizable offence is defined in the Criminal Procedure Code [sec¬
tion 4 (1) (/)] to be an offence for
Arrest without warrant. which a police officer may, in accordance

with the second schedule, or under any law
for the time being in force, arrest without warrant. The Commission find that,
almost throughout India, this is interpreted as requiring the police to arrest suo
motu in every cognizable case. It may be that this interpretation is not formally
stated, but all the police manuals, except that for Madras, seem to proceed on that
assumption. In England, although Magistrates’ warrants are not necessary for
an apprehension to be made in cases of felony, police officers are advised and
encouraged to apply for them in certain cases. To a native of this country the
mere fact of arrest and detention is much more grievous than to a European. To
the latter it is a temporary annoyance and inconvenience : when proved innocent,
his reputation does not suffer. To the former it may mean a life-long disgrace,
however innocent he may be. Considering the social and caste Consequences
involved in arrest and detention, it seems specially desirable that executive orders
should provide for the exercise of that discretion which the law gives to the police
in regard to arrest. To apply to a Magistrate ensures the advantage of his
advice in the matter, and enables him to issue a summons instead of a warrant

109

in cases where this may be done. Whenever escape from justice or inconvenient
delay might result from the police failing to arrest, they are bound to do so; but
there are cases the circumstances of which render it desirable that they should
obtain the sanction of magisterial authority before interfering with personal
liberty and subjecting the accused to the indignity of arrest. For example, a
person of position and influence may be accused of having employed persons to
take part in an unlawful assembly. The police officer may see reasonable ground
to suspect that the charge is true, but may have no reason to believe that the
accused will abscond or that any harm will result from brief delay. In such a
case it might be well before proceeding to investigation to apply to the Magistrate,
who may issue either a warrant or a summons as he sees fit. The exercise of
such discretion by the police would sometimes have saved scandal in the past,
and would certainly tend to render them less an object of aversion and dread.
The Commission are strongly convinced of the great importance of this ; and if
it is not in the law as it stands quite clear that the police officer has this
discretion, a proviso to that effect might be added to section 157.

156. Another very important matter in respect of which the police all over the

country seem to misunderstand the law is
Bail by the police. the discretion given to the officer in charge

of a police-station in certain circumstances to grant bail to persons accused of
“ non-bailable ” offences. In view of what has just been said of the special hard¬
ship sometimes involved in India in arrest and detention, it is clear that the prac¬
tically total neglect by the police to use this discretion must have been (as the
evidence before the Commission shows) a source of great hardship and wrong for
which the law itself is not responsible. The law of England is that “ the test
whether a party ought to be bailed is, whether it is probable the party will appear
to take his trial.” This test " ought to be limited by the three following consider¬
ations. When you want to know whether a party is likely to take his trial, you
cannot go into the question of his character or of his behaviour at a particular
time, but must be governed by answers to three general questions : The first is,
what is the nature of the crime ? Is it grave or trifling ? * * The second
question is, what is the probability of a conviction ? What is the nature of the
evidence to be offered fojr the prosecution ? * • * The third question is, is the

man liable to a severe punishment? ”(fer Coleridge J., in re Robinson, 23 L.J., Q.B M
286—B. C.) This is precisely the law of bail of India as laid down in the Criminal
Procedure Code. The first and third questions regarding the gravity of the offence
and the severity of the punishment are answered in the second Schedule of the
Code. The second question is necessarily left by section 497 to be answered by
the Court or by the officer in charge of the police station, according to his
discretion. It is the failure on the part of the police to exercise that discretion that
has led to much hardship and has induced many witnesses to urge that more offences
(some even of the gravest character) should be made bailable. This failure to
exercise discretion arises from the fact that the difference between the justification,
for arrest (section 54) and the justification for refusing bail in non-bailable
cases (section 497) has not been sufficiently or generally realized. “ Reasonable
suspicion ” will justify the arrest of an accused ; but the refusal of bail requires
«< reasonable grounds for believing that the accused has been guilty of the
offence of which he is accused.” If it appears, “ at any stage of the investiga¬
tion, that there are not reasonable grounds for believing that the accused has

committed such offence, but there are sufficient grounds for further inquiry into
his guilt, the accused shall, pending such inquiry, be released on bail ” [section
497 (2)]. If there is a reasonable complaint or credible information or reason¬
able suspicion against a man, the police officer has power to arrest; but unless
the evidence against the accused is such as to constitute “ reasonable grounds
for believing in his guilt, ” the arrest must (according to law) be at once followed
by the offer of release on bail. These provisions of the law appear to the Com¬
mission to be adequate, and should be maintained. They do not, therefore,
propose any alteration in the law in respect of the conditions of release on bail
in non-bailable cases. They are, however, of opinion that the power of taking
bail given to an officer in charge of a police station under sections 169, 496 and
497 should also be given to an officer making an investigation. The Commission
hope that investigations will in future be conducted ordinarily by the officer in
charge of a police station or by the junior Sub-Inspector posted there to assist
him, and, only exceptionally and in trifling cases, by a head constable. It might
be unsafe to entrust head constables with the power of releasing on bail in non-
bailable cases ; for they belong to a subordinate class on whose honesty and
capacity full reliance can never be placed. But Sub*Inspectors conducting
investigations should certainly have the power to release on bail ; and this would
save the accused from being dragged under arrest from the scene of the occur¬
rence to the police station. The Commission have also received considerable
evidence that Magistrates are often unready to consider fully the question of
bail. The Commission do not consider that this question falls directly within the

scope of their inquiry; but they think that it should be impressed on Magistrates,
as well as police officers, that every consideration which would justify bail should
be taken into account and that evidence to show that the case falls under
section 497 (2) should be received at the earliest date. No man should be kept
in custody who can properly be released on bail.

157. Returning now to the consideration of the conduct of an investigation
_ , t ... on the spot, the Commission aim at a system

Conduct of investigations, ; ' # # 7

by which practically all investigations
will be conducted by Sub-Inspectors carefully selected for capacity and respect¬
ability and well trained in police work. Superintendents must see that investi¬
gations are carried out intelligently in accordance with the law. The Commission

consider the provisions of the law to be as nearly as possible what are required
for efficient police investigation. Abuses have arisen simply from the law
being broken or not being intelligently carried out. The Sub-Inspector must
not invade the village where the investigation is to be made with an unnecessary
number of subordinate police; nor should he make his inquiry unnecessarily
public or keep an unnecessarily large number of people hanging about him.
All legal measures must be taken for the discovery and arrest of the
offender ; and the reasonable assistance of the people, especially their leaders,
should be invoked ; but as little trouble as possible should be given. Any person
acquainted with the case may be called before the investigating officer, who may,
if necessary, issue an order in writing requiring his attendance, which order must
be obeyed (section 160, Criminal Procedure Code). Any such person may
be examined orally, and must answer all questions except such as expose him to
punishment (section 161). It is optional with the police officer to take down any
statement in writing; but, if taken down, it shall not be signed by the witness.

Ill

nor used in evidence, though it may be used to discredit the witness for the
prosecution at the trial (section 162). No inducement is to be offered to any
one to make a statement, but neither is he to be prevented by caution or
otherwise from making any voluntary statement (section 163). No confession
made by any person in custody of a police officer, unless in presence of a
Magistrate, shall be proved against him, except as much as relates distinctly
to a fact thereby discovered (Indian Evidence Act, sections 24 to 27) ; but every
Magistrate not being a police officer has power to record statements and
confessions (section 164). The investigating officer may search for anything
necessary to the conduct of the investigation in any place within the limits of
the station (section 165), and may invoke the aid of an officer in charge of
another police station (whether in the district or not) to make search beyond
these limits (section 166).

158. Under section 54 any police officer may without a warrant arrest any

person against whom a reasonable com-

Arrest of accused. . . , , , ......

plaint has been made, or credible informa¬
tion has been received, or a reasonable suspicion exists of his having been
concerned, in any cognizable offence. In this connection the Commission
would advocate the amendment of section 56 so as to give an officer conducting
an investigation the power conferred by it on an officer in charge of a police
station to depute a subordinate armed with an order in writing to make any
lawful arrest. It is often a cause of delay and of failure that an investigating
officer has to leave the investigation to go to another village to make an arrest.
It would also be very convenient, as well as unobjectionable, if village police
officers, as well as constables, might be so deputed by order in writing. Under
section 62, the cases of all persons arrested without warrant must be reported
to the District Magistrate, or, if he so directs, to the Sub divisional Magistrate.
Such reports might be sent by postcard. Under section 61, no police officer
must detain an arrested person longer than is reasonable, and such period
shall not without a Magistrate’s order under section 167 exceed twenty-four
hours, exclusive of the time necessary for the journey to the Magistrate’s
court. Section 167 directs (1) that, when the investigation cannot be completed
within twenty-four hours, and there are grounds for believing that the accusation
or information is well founded, the officer in charge of the police-station " shall
forthwith transmit to the nearest Magistrate ” (a) a copy of the entries in the case
diary, and shall (£) at the same time forward the accused to such Magistrate.

(2) The Magistrate, whether he has jurisdiction or not, may authorise the detention
of the accused in such custody as he thinks fit for a term not exceeding fifteen
days in the whole; but, if he has not jurisdiction and thinks the accused should be
released, he must send him to the Magistrate having jurisdiction to try the case.

(3) He must record his reasons if he remands to police custody. And (4) if
not a District or Sub divisional Magistrate, he must forward copy of that order
and the reasons to his superior. Remand to police custody should very rarely
be ordered; but in some provinces it is often too lightly ordered : the provisions of
section 167 (4) are too often neglected and no real check is exercised in this
matter. The failure to provide judicial lock-ups frequently operates to frustrate
the intention of the law in this respect.

159. If, upon an investigation, there does not appear to be sufficient

evidence the accused, if in custody, shall

Close of investigation.

be released on executing a bond with or

112

without sureties to appear if required before a Magistrate empowered to take
cognizance (section 169). If there appears to be sufficient evidence the accused
shall be sent in custody (or on bail, if a bailable offence) to a Magistrate empowered
to take cognizance of the offence. (2) Any weapon or article in evidence
shall also be sent; and complainant and witnesses shall be bound over to appear
(section 170). Such complainant or witnesses shall not be compelled to accom¬
pany the police, but shall go without restraint. But if any one refuses to go or to
execute the bond, he shall be forwarded in custody (section 171). Section 173
directs that every investigation must be completed without unnecessary delay ;
and the officer in charge of the police-station shall forward (direct or through the
officer appointed under section 158) to a Magistrate empowered to take cog¬
nizance of the offence a report in a form prescribed by the Local Government,
setting forth (a) the names of the parties, ( b) the nature of the information, (*?)
the names of persons acquainted with the facts, and (d) whether the accused
person has been forwarded in custody or released on his bond. In the latter
case, the Magistrate shall make order for the discharge of the bond or otherwise,
as he may think fit. This report, when the case is sent up for trial, may be
called the " Charge Sheet.” No particular form need be prescribed, but it is
convenient that it should show in brief what each witness is called to prove.
Other reports under this section might be called “ Final Reports.”

160. Section 172 prescribes the Case Diary. “ Every police officer, making

an investigation shall day by day enter his
Case Diary. proceedings in the investigation in a diary,”

setting forth (a) the time at which the information reached him, (b) the time at
which he began and closed his investigation, (c) the places he visited and (d) the
circumstances ascertained. Any Criminal Court may send for a diary and may use
it not as evidence but to assist it in the trial. Neither the accused nor his agents
can call for it; nor are they entitled to see it unless the police officer uses it to
refresh his memory, or the Court uses it to contradict him. In that case it must
be shown to the adverse party, if he requires it, and the witness may be cross-
examined thereon. This diary should be kept in a separate paged book, carbon
paper being used for making copies, which should be removed from the book
and forwarded at once to the officers to whom they have to be sent. On the
conclusion of an investigation the original sheets relating to it should be removed
from the book and filed together in the police station. These files will take the
place of the Case Diary book. Statements recorded under section 162 (1) of
the Criminal Procedure Code should not be entered in the Case Diary, but
should be written on separate sheets of paper and attached to the diary, in
which a reference should be made to the fact that they have been so recorded.
They must be sent to the Magistrate with the copy of the diary that goes to
him. It should be the exception to record statements under section 162(1): it
is, as a rule, sufficient to enter in the Case Diary the purport of the information
given by each witness. Diaries are generally exceedingly prolix; and it is
absolutely necessary to have investigating officers carefully trained in the proper
tnethod of preparing them. They are designed to be of great assistance to the
Magistrate in understanding the action of the police and in arriving at the truth;
and they ought to be sent for in all important cases. The neglect of this pro¬
vision of the law is, no doubt, greatly due to the faulty manner in which they
are generally prepared.

n 3

161. It is unnecessary to enter into any detailed statement of the abuses
Abuses. which have grown up in connection with

_ investigation. There is no point at which

(according to the evidence before the Commission) violence is not done to
the spirit or letter of the law; and these abuses are practically universal. They
have, however, been sufficiently indicated already ; and only one or two points
require further elucidation. Before passing on to these, the Commission would
strongly urge that the police inquiry should be, as far as possible, impartial. The
police should be instructed that it is their duty to do all they can to find out the
truth.. An investigating officer is to aim at discovering the actual facts and
arresting the real offender. He ought not prematurely to commit himself to any
view of the facts.fof or against any person. He ought to be required to consider
carefully any evidence tendered to him on behalf of an accused person ; it may
not be wise to urge him .to hunt up the evidence for the defence; but he
certainly ought to consider any evidence voluntarily tendered. It is a very
serious thing for the police to throw their whole influence into the scale against
a man; and they should be very carefully instructed not to make any set on a man,
but to keep (as far as possible) an open mind to be influenced by the evidence.
It should also be very clearly laid down and determinedly insisted on that, in
every case in which it is really necessary to detain the accused in custody,
every effort should be made to avoid any hardship which is not actually necessary
to prevent his escape (cf section 50, Criminal Procedure Code). In some
provinces far too little regard is paid in practice (even when the rules are fairly
satisfactory) to the intention of the law that the use of handcuffs and other forms
of restraint, and restrictions as to quarters, food, clothing and visits of relatives and
legal advisers, in the case of a person under arrest but not proved guilty, shall be
limited to what is reasonably necessary to prevent escape or the evasion of justice.
Unnecessary hardship in such a case is unjust, and tends to make the police
administration most unpopular.

162. One very common abuse requiring special reference is that form of
Nazar kaid, or informal arrest. informal arrest known often as “ Nazar

kaid.” The untrained investigating officer
goes down to the scene of the offence and collects the headmen and watchmen
of the village concerned and of adjoining villages, the bad characters and the
villagers generally, and he keeps all these persons in attendance during his
public inquiry. Ihis involves general inconvenience ; but it is the bad characters,
or, at all events, the suspects among them, and indeed any other suspected
person, who generally are detained practically as prisoners though not formally
arrested. The period of detention is stated to be used rarely, if ever, for physical
torture (which has become rare), but for the purpose of examining and cross-
examining the suspect, with the assistance of the village elders, and subjecting
him to moral pressure to induce him to make such statements as may lead to
the arrest of the offender. This moral pressure is often of the most serious
character; though leaving no marks of physical violence, it amounts to very
effective torture. Witnesses, as a rule, have little sympathy with the suspects
among the bad characters, and would leave the police to get the truth out of
them as best they may. But they have much to say of the manner in which
respectable people are treated under this system, when they happen to be
suspects, and of the opportunity for malpractices which the sytsem affords.

i!4

A number of witnesses, however, express a fear that “ oriental methods ”
must be tolerated, and that without detaining the suspects in this way and bringing
pressure to bear on them, there is little hope of a successful investigation. Some
hold that in view of the indifferent or hostile attitude of the people, the system
must be regarded rather as “ an unavoidable irregularity.” This view cannot be
accepted. The system is altogether improper, and constitutes a serious breach
of the law. It is such abuses as these that intensify the indifferent and hostile
attitude of the people. The excuse alleged for this system is that it is necessary
for the obtaining and working of clues to keep the suspect beside the police, and
also that there is danger of his absconding; that, if he is formally arrested, the
censure of superior officers will be incurred if conviction does not follow arrest
in a large number of cases; and that, besides this, the arrested man has to be
taken before the Magistrate within twenty-four hours after arrest, and the
investigation cannot be completed within that time. The Commission fully
recognize that this abuse has arisen in great measure from the so-called test
of police work based on the comparison of the number of arrests with the
number of convictions. It is well to do what is possible to prevent the arrest
of innocent persons by discouraging police officers from making arrests on
inadequate grounds. But it is exceedingly bad to encourage or necessitate
informal and illegal arrest by unduly interfering with the discretion of the inves¬
tigating officers. The difficulty in this matter is also due to the failure
(already referred to) to understand, in respect of non-bailable offences, the dis¬
tinction between what justifies an arrest (under section 54, Criminal Procedure
Code). and what justifies the refusal of release on bail (under section 497).
If there is reasonable suspicion against a man, he should be arrested; and he
may then be released on bail. This obviates the necessity for his being
sent to the prison, while it also tends to prevent his absconding. In this
connection the Commission would again strongly urge that power to admit to bail
should be given to investigating officers as already proposed. A further difficulty
arises from the fact that apparently the great majority of police officers (
some by no means unintelligent, are under the impression that the provision of
section 167, Criminal Procedure Code, directing that an accused person must
be sent to a Magistrate within twenty four hours of his arrest, necessitates the
closing of the investigation at the end of that time. This is, of course, pure mis¬
conception. The law is plain enough ; but defective practice has led to its mis¬
interpretation. As to the rule that the person arrested must be sent to a Magis¬
trate within twenty-four hours, the Commission agree with many of the best offi¬
cial witnesses in opposing any extension of that period. It is a salutary and even
necessary rule. Generally, indeed, the provisions of the law as contained in Chapter
XIV of the Criminal Procedure Code, and set forth above, seem to the Commis¬
sion to prescribe an effective system of investigation. The modifications they
have suggested are comparatively unimportant. They have no sympathy with
the openly expressed desire of some witnesses to permit a suspect to be “ per¬
suaded ” into telling all he knows, and to secure the aid of leading villagers in
this work of “ persuasion ” by making the investigation a real burden to them
also. The quiet watching of a suspect is, of course, perfectly justifiable ; but
his informal detention, by giving him orders not to leave a certain place and set¬
ting a man to watch him there, is utterly illegal and is the source of many mal¬
practices. This sort of thing should be put down with a strong hand ; with
a good inspecting staff it can be put down ; and with a good investigating staff

n 5

this can be done with safety. The abuse belongs to an antiquated and ineffi¬
cient system of investigation which abounded in abuses, making the police a
terror to the people. Some of these haVe already passed away : there is hope
that, under improved administration, others will follow. Let the police gain
by their character and methods the confidence of the community ; and their
difficulties in gaining information will largely pass away. It must’be realized
that their success depends on the general support of the community.

163. The system of investigation which commends itself to the indolent

Confessions, ahd inefficient P°Kce officer is to make

life a burden to everyone who is likely to
be in any way acquainted with the facts until he tells all he knows, and to
extort by all possible means incriminating statements or confessions from sus*
pects. The pfevalence of the worst forms of this system has led to the
enactment of the provisions of sections 16a and 163 of the Criminal Pro¬
cedure Code and of sections 24 to 27 of the Indian Evidence Act, already
referred to, which limit very stringently the admissibility in evidence of state¬
ments or confessions made to the police. It has been proposed by not a few
witnesses that these provisions might well be relaxed : why throw obstacles in
the way of a man making a clean breast of his offence ? Let Magistrates abstain
from offering improper inducements to confess ; but do not let them say any¬
thing in the way of warning which may lead the suspect to hesitate about mak¬
ing) or even to withhold, his confession ; and allow certain superior police officers
to record confessions which may be admissible in evidence. The Commission
are wholly opposed to any relaxation of the law in this matter. The evidence
before them shows that the practice of workingfor confessions is still exceedingly
common. It is most objectionable : on the one hand it leads to gross abuse
©f power; and on the other hand, quite inexplicable instances occur of innocent
people making “ confessions.” The best police officers have no sympathy with this
practice. They believe that there is no want of detective ability among natives of
intelligence, but that this practice commends itself to unintelligent and slothful
men, who have prevailed to maintain it in the force as at present constituted.
They regard it as destructive of the detective faculty, as dangerous and uncer¬
tain in its operation, and as wholly to be condemned. With this view the
Commission concur. They would do nothing to encourage the police to work
for or rely on confessions, or to hurry accused persons before Magistrates to
• have confessions recorded: to such an extent is this done that the recording
of confessions in the middle of the night was mentioned as a well-known
abuse in Bombay. It is unnecessary to say that every good policeman will
take advantage of any statement that may be made by an accused or a
suspect, as well as by any one else, to help him in his investigation ; but the
police officer should be discouraged in every way from relying on the state¬
ments or confessions of accused persons as evidence against them. The
Commission do not consider that the provisions of the law should be relaxed
in this matter. They would rather propose that in one respect they should
be made more stringent or at least more logical. They have already indicated
their view of the desirability of maintaining the connection of the “ Magistrate
empowered to take cognizance of the case” from the first information to the
end : and they have evidence that the provision of section 164, authorising “every
Magistrate not being a police officer ” to record a confession, is inexpedient.
Third class Magistrates too often show themselves unfit to judge either as to the
circumstances under which a confession should be taken or those which justify

its rejection. On the one hand, they do not seem to realise the necessity “ upon
questioning the person making it ” for arriving at a positive belief “ that it has been
made voluntarily and, on the other hand, they are sometimes too much influenced
by the fear that it may be subsequently retracted. The Commission are
inclined to advocate the amendment of the “ Explanation ” under section 164, so
that confessions should be recorded only by the Magistrate having jurisdiction in
the case. It is true that this may sometimes mean sending to a distance ; but the
accused has to go to that Magistrate sooner or later; and delay will not prevent
the police officer making full use of the confession in his investigation, while
there is no valid objection to giving the accused time to think before making
it admissible in evidence by repeating it to a Magistrate.

164. More or less connected with this matter is the complaint which a

considerable number of witnesses have

Section iGi. Criminal Procedure Code. . . e ,, ,

made that the omission of the word
“ truly ” from section 161 of the Criminal Procedure Code has the effect of
compelling any one examined by a police officer investigating a case to answer
all questions relating to such case put to him by such officer, but not to
answer them truly. In the Codes of 1861 and 1872 the word “ truly ” had no
place in the corresponding section. It was inserted in the Code (Act X) of 1882 ;
but the papers do not show that this was due to mature consideration. When
Act V of 1898 took the place of Act X of 1882 the Legislature reverted to the law
as it originally stood. The Commission sympathise with those who deprecate
anything that looks like the encouragement of false statements; and they regret
that the omission of the word may have that appearance. But to reinsert the
word would have the practical effect of making prosecution for perjury possible in
respect of statements made to the police under this section ; and this (subject to
the provisions of sections 202 and 203 of the Indian Penal Code) the Commission
would' strongly deprecate. They find also experienced police officers opposed
to the reinsertion of the word on the ground that the fear of prosecution for
incomplete or untruthful statements already made might deter witnesses from
eventually giving all the information in their power. As a matter of fact, people
are far more likely to speak truly to a tactful officer in a local investigation,
when they are free from the influence of fear of any consequences which may
result from speech. The Commission are not prepared, therefore, to recommend
the reinsertion of the word “ truly ” in this section. It appears, however, that
the omission of the word has been held to render it impossible to enforce the
obligation to answer questions imposed by the second clause of the section
(I. L. R., Mad., XXIII, 544). This calls for an alteration of the law, which might
take the form of any necessary addition to section 179 of the Indian Penal
Code.

165. The views of the Commission in regard to the supervision of investi-
. .. ,. . gations by the Magistrates and by

Supervision or investigation*. 0 # J ° J

superior officers of police have been
already made sufficiently clear. It is scarcely necessary to add anything
here. But there are one or two simple matters to which the evidence before
them induces the Commission to invite special attention. It is necessary to
maintain, as far as possible, the responsibility of the officer in charge of a
police-station for the work of his charge. It is inexpedient to set him
aside unnecessarily; and superior officers should rather aim at assisting and
advising him, than set him aside. Their supervision also should be exercised

not only, or even mainly, by reading a mass of diaries or registers, but by visiting
places and personal questioning. Then, but for the evidence before them, the
Commission would hardly have considered it necessary to say that, if a police
officer of any rank is to be punished for bad work, he ought also to be encouraged
by praise or reward for any specially good work. A reasonably liberal system
of rewards might be adopted with advantage. Attention should also be drawn to
the fact that police officers are sometimes obliged in the course of an investiga¬
tion to expend money from their own pockets, and that adequate funds should
be provided for meeting all such legitimate expenses. Consideration should
also be shown to the police in respect of throwing additional work on them
by references in complaint cases under section 202 of the Criminal Procedure
Code. Great abuse prevails in this respect. Government should insist on
District Magistrates watching subordinate Magistrates and preventing the indis¬
criminate reference of non-cognizable cases to the police for investigation. The
necessity for such reference is very exceptional; all that is ordinarily required is
the careful examination of the complainant ; and the Magistrate ought ordinarily
to dispose of the case himself.

166. The Commission have been much struck with the ignorance of most

Provincial Criminal Investigation Department.

Superintendents of what is going on out¬
side their own districts and with the want

of co-operation between police officers of different districts. Improved commu¬
nications have changed the character of crime and the methods of criminals.
Depredators migrate from one district to another, and carry on their operations
in a systematic manner over large areas. It it essential that combined action on
the part of the police should correspond to the organization of crime. There
must be systematic attention to professional offenders and criminal tribes and
classes, combined arrangements for dealing with crime on main roads, rivers and
railways, and cordial co-operation between officers of different districts. The
Deputy Inspectors-General, appointed under the system now proposed by the
Commission, ought to achieve much in this direction ; but this is not enough.
The altered conditions of the country, specially in respect of the increased
facilities for communication afforded by railways and telegraphs, demand more
systematic treatment of crime throughout each province. There must be a
proper system for securing regular information of the operations of organized
crime, well regulated communication of intelligence from one district or province
to another, combined action between the officers of different localities, and the
capacity for systematised action from one centre. The Commission would
strongly deprecate interference with the responsibility of local officers for the
prevention, investigation, detection and suppression of crime within their own
jurisdiction; but it is essential that they should be assisted by a central provincial
bureau for the collection and distribution of information regarding certain kinds of
crime and certain classes of criminals, and by a small staff of trained detectives to
be available to help in investigations when required by local officers. The Commis¬
sion are also of opinion that the railway police of a province must be separate in
organisation from the ordinary district police. It should be administered, as has
been already shown, by Superintendents and subordinate officers of its own ; and it
will require, in every large province at least, to be supervised by a special Deputy
Inspector-General. Now, both because this officer has jurisdiction over the
whole province, and also because the classes of criminals with whom the central
bureau will be mainly concerned operate for the most part on the railways or in

railway districts, it appears advisable that this central bureau should be under the
Deputy Inspector-General in administrative charge of the railway police. The
Commission, therefore, recommend that there should be in each province a special
officer of the rank of Deputy Inspector-General entrusted with the following
duties :—

(1) to be in direct administrative charge of the railway police, and to

hold to this force the same relation of full administrative control
as the Deputy Inspector-General of a range will hold to the
ordinary police of the districts forming his charge;

(2) in respect of crime outside the jurisdiction of the railway police,

to be the head of an establishment receiving, collating and distri¬
buting information over all districts of the province, regarding
certain classes of crime, and advising and assisting (from his
detective staff) in local investigations, as required;

(3) to be head of the provincial finger print bureau; which would carry

on its work under his supervision and control; and

(4) to have under his general control the “ Special Branch ” at present

existing in every province for the collection of information.

He would not supersede local officers in regard to their responsibilities; but
he would be the head of an agency for providing them with systematic and full
information about important and organized crime, and for assisting them in the
investigation of special offences when necessary.

167. In addition to these Provincial Central Criminal Investigation Depart-

I.p.ri.1 Criminal i»,«ti s ..i» ments ’. the Commission are of opinion that,

for similar reasons, there should be a central
department for the whole of India. Its functions should be, for the whole of India,
the same as the functions of the provincial department for each province. It
should have at its head an officer of the standing and experience of an
Inspector-General and such staff as is necessary for the collection, collation and
distribution of information and for the maintenance of a central finger print
bureau for criminals working in more than one province. It should also be able
to assist in investigations when required ; but this would ordinarily be best done
by sending from one province to another an officer acquainted with the personnel
or methods of criminals proceeding from the former t'o the latter. It should be
in direct communication (subject to the orders of the Local Government) with the
Deputy Inspector-General for Railways and Crime in each province in respect
both of information and of assistance required by one province from another.

Its functions in respect of information.

168. In the first place, the principal duty of the central agency should be

to collect, collate and communicate infor¬
mation. In regard to the collection of infor¬
mation, it ought to depend mainly on Local Governments, i.e. t on the Provincial
Criminal Investigation Departments. They should communicate to it frankly
and promptly complete information regarding such forms of organized crime as
are committed by offenders operating along the railway systems, criminal tribes,
foreigners, wandering gangs, dacoits, note-forgers, coiners, professional poisoners
and the like. The special utility of this central agency would be in respect of

119

organized, unusual or mysterious crime, or where there are indications that influ¬
ences outside the province concerned are at work. If complete information in
regard to such crimes were communicated promptly to the central agency, collated
by it, and frankly communicated to all provinces concerned, there would be some
chance of dealing on equal terms with the criminals. In this connection, there
must be a Central Finger Impression Bureau under the central agency. It
would, however, be necessary to limit this carefully to the classes of criminals
indicated above. Otherwise the collection of finger impressions would become
unmanageably large, and consequently of less use. Besides this, however, the
central agency might do much to assist local officers in the collection of informa¬
tion. This might be done by advice as to lines of inquiry given to local officers
by letter or in personal consultation by the head of the central agency or by one
.of his subordinates. It is unnecessary to dilate on the advantages of personal
conference ; and the Commission would strongly recommend that the establish¬
ment of the central agency be made strong enough to allow its head either to go
on tour himself or to depute a competent subordinate to do so.

169. As to investigation, the assistance which the central agency would give

. . local officers would, no doubt, in the

Its functions in respect of investigation. .

majority of cases, take the form of obtain-
ing, from one Local Government for another, the services of an officer acquainted
with the personnel or methods of criminals proceeding from the territories of the
former to operate in those of the latter. For example, when criminals from the
Punjab are believed to be operating in the south of India, it is most desirable to
send down a Punjab officer, acquainted either with them or with their methods,
to assist the local officers. Here again it may also be found expedient for a
member of the staff of the central agency, whose experience may have qualified
fiim to be specially useful in certain cases, to be sent down to suggest to local
officers certain lines of investigation or otherwise to assist them. In the majority
of cases, the work of investigation will be best done by officers belonging either
to the province from which the crimes in question are believed to have originated
or to that in which they are being committed ; but it may be useful occa¬
sionally, and particularly in such a specially technical matter as note-forgeries,
to send a member of the central agency staff to advise or assist; and this
contingency is one to be provided for in fixing finally the strength of the estab¬
lishment.

170. At the same time, it is essential, in respect both of the collection of

., , _ information and of the conduct of investi-

Responsibility of local officers. # .

gation, to recognize and preserve inviolate
the responsibility of local officers. In every case, the officer sent from another
province or from the central agency to assist in either branch of the work should
co-operate with, and not supersede entirely, the responsible local officers ; and, in
the vast majority of cases, he should act under their general or special orders.
Differences of language, habits and local conditions and the enormous distances
to be travelled in India, seem specially to demand investigation by local officers ;
and in India there are not, as in England, many different police forces, but one
for each province, the personnel of which is so large that competent detective
officers should be available locally. It may be necessary to assist local officers
by sending down men acquainted with certain persons or with certain facts ;
.but the responsibility for investigation cannot be taken from the local officers
without danger, not of friction only, but also of inefficiency and failure. What is

120

required above all things is to strengthen the local staff, to develop the local detec¬
tive talent, and to secure local efficiency. It is by no means impossible to find
good detective officers among the local police; but, as a rule, they cannot devote
sufficient time to enquiries. It is necessary to make the Provincial Criminal Inves¬
tigation Departments strong enough in numbers and capacity to do their own
work efficiently. It is necessary also that the department of each province should
be able to aid any other province when required, by sending a man to look after
its criminals who may have gone to operate there. The latter will be only a com¬
paratively rare and occasional demand in the case of most provinces ; but it will
probably necessitate considerable strengthening of the local staff in the north of
India.

171. If the central department and the Provincial Criminal Investigation

Departments are started on right lines

Frank ana cordial co-operation. 1 # 0

and under intelligent officers, it ought
not to take long for these officers to learn that they are working together for one
object, and that frankness and cordiality are as reasonable as they are necessary.
The ignorance of all that is outside his own province,—the darkness out of which
certain criminals seem to come and into which they disappear,—the want of system
and continuity of action in dealing with organized crime,—the want of co-operation
between provinces in regard even to what is known to be inter-provincial crime ;—
all this is admitted. There is no sound and zealous officer who does not regret
it, and who will not welcome a reasonable scheme for making his work more
effective by removing these defects without superseding him. Local officers will
find that in the central agency their scraps of information are gathered together
and completed so as to be of real value. They will also find that there they are
brought into contact with their fellow-workers of other provinces and enabled to
co-operate with them against their common enemies. To illustrate what is
meant, it may be mentioned that one of the first duties of the central agency in
regard to information will be the compilation of manuals of information regarding
the constitution, habits, vocabularies and operations of the criminal tribes. The
prevailing ignorance of these tribes and their consequent immunity are deplorable;
and local officers will welcome and aid any systematic attempt to remove
that ignorance. So also as regards investigation, information may have
been submitted by the Criminal Investigation Department of Madras about a
certain outbreak of crime: information from other provinces leads the central
agency to judge that there are Punjab Harnis operating in Madras and elsewhere;
and they place that information at the disposal of the Madras department, and
offer to move the Punjab to send a man down who knows this tribe and its
habits. Or information at the disposal of the central agency may indicate
the inter-relation of certain crimes which are being committed in three adjoining
provinces, so that they appear to be the work of one organization. The head
of the central agency would place all available information at the disposal
of the heads of the three provincial departments concerned, bring them together,
and call on them to arrange in consultation a plan of campaign. The central
officer might advise the local officers as to this plan ; he might suggest its being
committed to a single officer from one of the three provinces; he might
offer to send a man, either from his own staff or from some other province,
to undertake the investigation in co-operation with local officers or to supply
to local officers the missing links in the inquiry ; or he might give advice or
assistance so as to secure co-operation and systematic action against the criminals*
This would be of great value, and would ordinarily be cordially welcomed.

121

172. In any casein which important difference of opinion might arise between

the central agency and local officers, act-

Difference of opinion. . , , , . T 1

mg under the orders of a Local Govern¬
ment, or in any case in which the want of cordial co-operation seemed likely to
obstruct the investigation, the case might be referred to the Government of India.
If the central agency has formally granted to it the power of itself issuing
orders to Local Governments, there will undoubtedly be jealousy, friction and
consequent failure. It is help and advice tactfully given that are required.
And if the offer of advice and assistance be backed by the power of reference
to the Government of India in case of obstinate or unintelligent rejection
of it, such reference will rarely if ever require to be made. It is rare that
responsible officers will not do all they can to obviate the substitution of a
peremptory order for advice or a request courteously tendered. The Commission
have not the slightest doubt that in a very short time the central agency, pro¬
vided that a good man is placed in charge of it, will be working in the smoothest
way with the local departments. It will supply the want which is felt by* the
best officers. It will give as prompt and complete information as possible about
systematic crime possessing very wide ramifications, wandering gangs and
criminal tribes. It will derive its complete information from local officers conduct¬
ing their inquiries on their own ground,' aided by all information and advice
which the central officer can give them, and by men sent by him to work under
their orders from other provinces or occasionally from his own staff. The
scheme is intended to bring into co-operation against crime the whole detective
force of India, and to utilise this force in a manner calculated to produce the
least friction and to secure the best work.

173. These are the principles on which the Commission would propose such

centralisation in each province, and such

Relations with Native States. . .

centralisation in India, as are in their
opinion necessary for effective action against organized and extensive criminal
operations. They consider that this scheme will not be successful unless it
includes the Native States as well as the British provinces. They are unable
to make any definite proposals as to how the scheme should operate in the Native
States. They have not such evidence before them as would enable them to judge
how far the police of these States are efficient, or to say what officer it is that
ought to be responsible, in respect of each State or group of States, for the work
of the local Criminal Investigation Department and for co-operation with the
Central Department. But they have had much evidence of the strongest kind
regarding the necessity for insisting on the efficiency of the Native State police
and for co-operation between British provinces and the neighbouring States. The
establishment and management of criminal settlements, the more prompt extradi¬
tion of offenders, free communication of police information and united police action,
are among the matters most earnestly insisted on. It is intolerable that criminals
operating in th 5 one should find practical immunity in the other : co-operation and
the fullest possible reciprocity are, under the altered circumstances of Indian life,
absolutely essential. For this purpose the Native States ought, in the opinion of
the Commission, to be brought into connection with the central agency, the
establishment of which they have recommended. This agency would, therefore,
apparently supersede the present Thagi and Dakaiti Department, the operations
of which are now too spasmodic and too limited to be effective. On this .part of
the subject, however, the Commission are not prepared to offer any definite
recommendations.

122

174* This scheme which the Commission propose does not involve the

, , , . establishment of anew central authority but

Interchange of views.

only a new central agency. The Com¬
mission would not have any central police authority other than the Government
of India; nor would they recommend other than very exceptional interference by
the Government of India itself. They believe that for success in police work it is
necessary to maintain inviolate the responsibility of Local Governments and
their officers. On the other hand, they feel convinced of the necessity for much
more intimate knowledge on the part of the Government of India of what is going
on in every province, and much more intimate knowledge in each province of
what is going on elsewhere, than at present exists. In the course of their
inquiries throughout India the Commission have been deeply impressed with two
facts. The first is that much of the defective administration of the police is due
to the ignorance that exists in one province of what is going on in another. Not
only^is there often profound and disastrous ignorance of details, which the
establishment of the Central Criminal Investigation Department ought to remove.
There is also want of knowledge of principles and methods which produce good
work elsewhere, so that light is not thrown by one province on another, and
wrong principles and defective methods are ignorantly perpetuated. The second
fact is that unsound principles and methods are maintained without the Go¬
vernment of India having any knowledge of them. The annual reports do not
reveal them. Nothing can bring them to light except personal conference
and discussion. The Commission would, therefore, strongly recommend periodi¬
cal conferences between the Inspectors General of the different provinces for

the frank interchange of ideas and comparison of methods ; and they would also
recommend that the Government of India should supplement their occasional
reviews of the annual police reports of each province by a periodical (say,
quinquennial) review of police work in India.

CHAPTER IX.
Prosecution of Offenders.

175. In the last preceding chapter the defects in the present system of inves¬
tigation, and the improvements required

Defects in the prosecuting staff, . . , . . • .rci

therein and m the investigating staff, have
been discussed. But efficient and successful investigation will not necessarily
result in improvement in the repression of crime, unless the cases are properly
dealt with in the courts. The urgent necessity for giving due attention to the
character and capacity of the magistracy has been already referred to. This is not,
however, a matter which really falls within the scope of the enquiry of this.Com¬
mission ; and they can do no more than invite attention to it. They, are
more directly concerned with the manner in which cases are conducted before
the courts. The efficient prosecution of the offender is often little less import¬
ant and essential to a conviction than the local investigation. The present
arrangements for the prosecution of offenders are almost universally unsatis¬
factory ; and the necessity for improvement is insisted on in every province.
To illustrate the present state of things, it may be well to state in a few words
what has been found in most provinces. In all provinces (except the Central
Provinces) the Crown is represented before the Sessions Courts by a salaried
barrister or pleader (generally the “ Government Advocate ” or "Government
Pleader ”) who is the “ Public Prosecutor ” under sections 492 and 493, Criminal
Procedure Code. He appears in all Sessions trials, in appeals before the Sessions
Judge in which it is necessary for the Crown to be represented, and also in
inquiries or trials before Magistrates in which it is necessary, in the opinion of the
District Magistrate, that he should appear. In Madras he is appointed for a
term of three years. In the Central Provinces the " Public Prosecutor ” in the
Sessions Court is a police officer, seconded from the force; and called the
Divisional Public Prosecutor.

Turning to the work in Magistrates’ courts, it is in Madras entrusted
to Prosecuting Inspectors, of whom there is one for each district, ap¬
pointed under section 492, Criminal Procedure Code. The staff is quite
inadequate. In a few districts of Bombay a member of the local Bar has recently
been brought on the strength of the police as Court Prosecutor for magisterial
cases. These officers conduct prosecutions mainly before first class Magistrates,
and also sometimes assist the Public Prosecutor in important Sessions cases.
They have done good work; but their status is too low. They should have the
rank of Inspectors, and have reasonable prospects of advancement: the best
men available are not attracted to the service. Their number also is insufficient,
as two-thirds of the districts are without even this class of prosecutors. In all
taluka courts, and also at the headquarters of districts where no such Court
Prosecutors have been appointed, a # head constable of the first or second class
conducts all prosecutions before the Magistrates, in addition sometimes to
ordinary police duty. These officers are ignorant of law and procedure and
inefficient for the purpose required. In Bengal the prosecution of police cases
before the Magistrates is in the hands of officers of the grade of Sub-Inspector,
who receive small allowances for their extra work and responsibility. They
have sometimes court head constables as assistants. They are ill-trained
and incapable of conducting a case of any intricacy before the court, or of
meeting on fair terms skilled professional advocates. In the United Provinces

124

opinion is practically ^unanimous that the existing prosecuting agency in Magis¬
trates’ courts is inefficient and inadequate: the prosecution is conducted by a
Court Inspector, assisted in certain districts by a Court Sub-Inspector. As
these officers cannot do all the work, a head constable or a constable is attached
to every court, not to prosecute, but to see that the case is properly put up.
The true prosecuting officers rush from one court to another; but sometimes
cases of considerable importance are left with only a head constable or constable
to look after them; and the Court Inspectors themselves are not sufficiently
trained or competent. In the Punjab the prosecuting agency for magisterial
cases consists of a Court Deputy Inspector, with sergeants and constables as
assistants. In outlying stations the court police officer is never above the rank
of sergeant and is frequently only a constable. In Burma a head constable
or sergeant is appointed to each District Magistrate as court police officer; he
does not exactly prosecute in cases, but is present in court to assist in getting
thd>case, witnesses, exhibits, etc., properly put before the Magistrate. In all
other magisterial courts a sergeant, or in some cases a smart constable, is
appointed court police officer. In the Central Provinces all magisterial
cases are entrusted to a wholly inadequate staff of Court Inspectors.

In some provinces brief instructions are sent to the prosecuting officer along
with cases to be prosecuted. Thus in the Punjab it has been ordered that the
investigating officer shall send with the charge sheet a brief for the prosecutor
showing the features of the case, the circumstances under which each piece of
evidence was obtained (with references to the case diaries), the probable line of
defence, character of witnesses, etc. This is a confidential document and is not
attached to the charge sheet, but is available for the information of the Magistrate
if he wishes to see it. The Commission think that this document may sometimes
be useful, provided that it is intended for the prosecuting officer only. It ought
not to be shown to the Magistrate. The Commission would strongly deprecate
any confidential document being shown to the Magistrate, except such (e.g.,
case diaries) as are prescribed by law.

176. The facts set forth above fully justify the practically universal complaint

of the insufficiency and incompetence of the

Necessity for an efficient staff. ... , w f ,, ,. f

existing staff for the prosecution of cases.
The staff is not only inadequate but often ignorant and ill-trained, with inferior pay
and prospects, and without either capacity or inducement to make efficient pro¬
secutors. Experience has everywhere shown that, even when these men do their
best-—and in some cases, considering all the circumstances, they do wonderfully
well—yet, as a body, they have neither the ability nor training to deal with cases
which present any difficulty, or to contend on anything like equal terms with the
experienced advocates who are often engaged for the defence. Year after year
more and more of the educated classes pass the necessary examinations and join
the local Bar; and the work of prosecution becomes more and more difficult. It is
true that there are in all provinces at least a few pleaders employed for prosecutions ;
but they are, as a rule, only employed in cases before the Sessions Courts. In
very important cases pleaders are sometimes employed before the Magistrates ;
but the great mass of prosecutions before the latter are conducted by police
officers of comparatively inferior status and of little education or training. It
is not to be wondered at that cases are often placed before the courts in a
very imperfect manner. This is not fair to the police, whose work in investigation

125

iS thus rendered ineffective to secure the conviction of the offender; nor to the
Magistrate himself, whose efforts to hold the balance between an incompetent
prosecutor and the highly-paid counsel for the defence are apt to be misconstrued
into bias against the accused.

177. The necessity for remedying this state of things is everywhere admitted ;

Remedies proposed. and there is a S eneral consensus of opinion

as to the form which the remedy should
take. Some witnesses have proposed that the present Court Inspectors and other
police officers employed in prosecutions should be entirely replaced by competent
pleaders, so that the police may be relieved of the conduct of cases in court. This
is a proposal, however, which nowhere receives general support. The majority
of witnesses, and especially those most competent to speak with any authority
on the matter, deprecate its adoption. They hold, on the one hand, that the
departmental experience of a trained policeman much better fits him to conduct
*he prosecution of such cases as are ordinarily entrusted to this class of officers.
On the other hand, they recognize the necessity for hearty co-operation between
the station police and the prosecuting officers, and the greater likelihood of
friction between pleaders and the police. And they further emphasize the
difficulty of exercising control over pleaders, and the special necessity for having
the power pf dealing promptly with officers representing Government before the
courts in remote parts when they grossly neglect their duty or are guilty of malprac¬
tices. With these views the Commission fully concur. They believe that a fair
amount of legal knowledge and practice, combined with police experience, will
Ordinarily give the most useful class of men. The defects found in the prosecuting
.staff are just the defects found in the police generally. Men have been selected
who are without adequate intelligence or education ; duties have been assigned
to men of a class from which efficient discharge of such duties cannot
reasonably be expected ; and suitable pay and prospects have not been
offered to secure the best men available and to induce them to put forward
their best efforts in tbeir work. The reforms which the Commission have
already proposed will undoubtedly make available a far superior class of men for
employment in the conduct of cases before the courts ; and due attention to the
selection of officers for this work will do the rest. The Inspectors and Sub-
Inspectors recruited under the system proposed by the Commission will be of
higher status, education and intelligence than those now recruited. They will also
be subjected to a much more systematic and efficient course of training in the
provincial training schools. And finally, the Commission would recommend that
those of them who are employed in court work should have to pass a special
qualifying examination in criminal law and procedure and the law of evidence.

178. In the presidency towns there is no want of professional aid. There

are several law officers of the Crown whose
advice and assistance can be obtained in

Prosecuting staff proposed.

important or difficult cases even in the magisterial courts. The only point that
requires attention is that the staff of Prosecuting Inspectors should be such as
may be required to prevent the time of executive officers being wasted by attend¬
ance at court. In respect of the interior of the country the practice should be
brought into accord with the provisions of the law, and the staff appointed under
the law should be competent and sufficient. The first part of section 492 of
the Criminal Procedure Code is important: it provides that “ the Local Govern¬
ment may appoint, generally, or in any cage, or for any specified class of cases.

126

in any local area, one or more officers to be called Public Prosecutors. ’ The
prosecutor so appointed may under section 493 [cf. section 4 (0] “ appear
and plead without any written authority before any court in which any case of
■which he has charge is under inquiry, trial or appeal.” In most provinces a
Public Prosecutor has now been appointed for each Sessions Division. These are
generally Government vakils or pleaders This ought to be the case everywhere.
There ought to be in every Sessions Division, and indeed in every district, when
the Sessions Division includes more than one district, a qualified member of the
local Bar retained by Government as the legal adviser of the District Magistrate
and for the conduct of important cases. He will be the Public Prosecutor for the
local area of the district. As such he will prosecute in all Sessions cases and
represent the Government in all appeals before the Sessions Judge in which the
appellant is represented by a pleader. He will also appear in the Magistrates’
courts when directed to do so by the District Magistrate in important cases. It
is believed that among the members of the local bar suitable persons will now be
found in all but very exceptional districts, willing to do this work on reasonable
terms ; and it is distinctly desirable that sound professional advice and assistance
should be available when required, and that police officers should be able to consult
the Public Prosecutor when they are in difficulties. Besides these professional
prosecutors there should be a competent and adequate staff of prosecuting
officers in every district. These officers should usually belong to the police force.
There should ordinarily be a good Court Inspector at the headquarters of
every district, with such staff of Sub-Inspectors to assist him as the work
may require, for the prosecution of magisterial cases within the local area
of the district. There should also be a good Court Sub-Inspector at least at the
headquarters of every subdivision, for the prosecution of cases before the
Magistrates within the area of -the subdivision. Unless these officers are
appointed Public Prosecutors under section 492 of the Criminal Procedure Code
they require the permission of the court to conduct the prosecution (vide section
495 of the Code). As a matter of fact, that permission is never refused
by the vast majority of courts; but it w'ould be Detter to give a duly
appointed prosecutor the legal right to appear under section 493 by formal
appointment under section 492 than to make a show of leaving it to the
discretion of the court concerned! The Commission also strongly deprecate
the use of these officers for ministerial work in connection with the courts
or for clerical work in connection with the ordinary police. This is a
frequent cause of inefficiency in the discharge of their own important duties. To
emphasize their true position it would be well to call these officers Prosecuting
(instead of Court) Inspectors or Sub-Inspectors, as the case may be. A
Public Prosecutor should not, however, be expected to conduct the prosecution
in every case. In simple and unimportant cases no prosecutor is necessary :
the charge-sheet gives all the information that is required by the Magistrate
as to the nature of the case and the sequence of the evidence; and no prosecutor
is required to state or conduct the case. It is of the utmost importance that all
Magistrates should realize that in every case, whoever is prosecutor, or whether
there is any prosecutor or not, it is their duty to do all in their power to ascertain
the truth. They must not sit to try cases, in indolent dependence on a prosecutor
putting the evidence before them, as if they had no concern with the justice of
the matter or wfith the public interests. In very serious cases, when the District
Magistrate is of opinion that the assistance of special counsel is necessary before

127

the Magistrate, or in the Sessions Court, or both, he should be empowered,
subject to such conditions as the Local Government may consider necessary to
obviate large and indefinite expenditure, to engage such counsel. It is poor
economy to starve the prosecution in important cases. The Commission have
received evidence that it is expedient to appoint a Public Prosecutor for a term
of years and not for life ; but he should be eligible for reappointment, ft is diffi¬
cult to get rid of a man who has proved himself somewhat incompetent or negligent;
and it is well for Government to retain the power of making a change after a
term of years when necessary or desirable. In this connection also the attention
of the Commission has been drawn to the necessity for insisting that Public Prose¬
cutors shall really master the details of the cases entrusted to them and conduct
them in an intelligent manner. In Sessions cases especially they are too prone to
be mere examining machines, to follow the record of the magistrate’s inquiry too
slavishly, and to be of little assistance to the court.

179. It should be borne in mind that the attendance of police officers in

Court means an interruption of their

Attendance ofinvestigating officers. , , . , ,

ordinary work, and is, therefore, contrary to
the public interest unless really required. The Commission have very strong
evidence of the frequent neglect of this obvious fact. In some parts of the
country it is a standing order that the investigating officer should bring in the
case and see it through the court. Sometimes also his attendance is considered
necessary in the Sessions Court, whether he is likely to be required to give evidence
or not. The dislocation of the work of the police-station involved in the absence
for days together of the officer in charge ought to prevent an investigating officer
from being compelled to attend the court unless his evidence is considered
necessary for the elucidation of the investigation o*- for any other reason ; for the
prosecuting officer can state and conduct the case. When the evidence of the
investigating officer is required, it should be taken as early as possible. In this
connection the Commission would express their approval of the policy of
relieving Superintendents of the prosecution of cases before the Sessions
Courts and giving the work to the Public Prosecutors. It is most undesir¬
able to remove responsible officers from their own duties; and it should
not be done except in cases of necessity or serious importance. This is one of the
grounds on which the Commission are disinclined to support the proposal made
by some witnesses that section 495 of the Criminal Procedure Code should be
amended by the omission of clause (4), which prevents an officer who “has taken
any part in the investigation ” from conducting the case. It is better on many
grounds to leave the conduct of the case to the ordinary prosecuting staff. It
may sometimes (though only in important cases) be desirable that the investigating
officer should be present to instruct the prosecutor: in such a case the Magistrate
ought to permit him to remain in court unless there is some clear reason for not
doing so. It need hardly be said that the removing of responsible officers from
their own work to attend in court when not really required is an altogether
different matter from calling on officers under training to attend court for pur¬
poses of practical instruction in law and procedure. In this connection, the Com¬
mission would also draw attention to the wasteful practice in some provinces of
attaching a number of police officers to the courts on the plea of keeping order
and assisting in clerical wo"k. This is unnecessary and draws the police away
from their proper duties.

128

i8o. Another matter more or less directly connected with the prosecution of

offenders, to which the attention of the
Tender of pardon to accomplice. Commission has been drawn by responsible

officers, is the tender of pardon to accomplices under section 337 of the Criminal
Procedure Code. This is provided for “in the case of any offence triable
exclusively by the Court of Session or High Court.” The class of cases in which
this action can be taken seems (perhaps inadvertently) to have been circumscribed
by alterations in schedule II of the same Code, whereby certain offences formerly
“ exclusively” triable by the Court of Session are now made triable either by that
Court or by certain Magistrates, The power to take an approver is sometimes valu-t
able in dealing with organized crime ; and the attention of the Commission has beep
drawn to the desirability of applying it to cases of burglary and similar offences com«
mitted by organized gangs of criminals. The Commission are of opinion that the
law should be amended so as to make this possible. The amendment that suggests
itself to them is to substitute the words “ entered in schedule II as triable ” for the
words “ triable exclusively” in the first clause of section 337, and modify to the
third clause accordingly. The provision would thus become applicable to cases
triable by the Court of Session even though they were also triable by a first class
Magistrate. This amendment would not affect the provision of the fourth clause of
the section, that a Magistrate who has made such a tender of pardon, and
examined the person to whom it has been made, shall not try the case himself,
though, of course, he can commit it for trial. It would, therefore, in the opinion
of the Commission, be perfectly safe to amend the law in this way ; and they
have evidence before them of the desirability of this amendment. On the other
hand, the Commission, while fully realising the general importance and value of
this provision in respect of organized crime, consider that it is essential
very carefully to guard against its abuse in particular cases. They would,
therefore, recommend that even a Magistrate of the first class should not have
authority to make such a tender of pardon without the sanction of the District
Magistrate. At present the law runs thus [section 337 (t)]:“Th.e District
Magistrate, a Presidency Magistrate, any Magistrate of the first class inquir¬
ing into the offence , or with the sanction of the District Magistrate any other
Magistrate , may ” make the tender of pardon. The Commission would propose,
if their recommendation to enlarge the class of cases to which this provision
applies is approved, that for the words printed in italics should be substituted
the words “or with the sanction of the District Magistrate, any other Magis¬
trate.” Thus only the District Magistrate would be empowered to make the.
tender of a pardon under this section, or to sanction its being made. This,
would compel any other Magistrate wishing to tender a pardon to consider
the matter carefully and to state his reasons fully for the prefers of the
Pistrict Magistrate.

j8i. In connection with the prosecution of cases before the courts, there is

one other matter to which the Commission

Remands. , . . .

would desire to invite very special
attention, though they have referred to it elsewhere, via., the complete disregard
of the convenience of parties and witnesses shown by many Magistrates in all
parts of the country. This is chiefly shown in the abuse of the provisions of
section 344 of the Code of Criminal Procedure regarding the power to postpone
pr adjourn proceedings. That section provides that, “if, from the absence of a
witness, or any other reasonable cause, it becomes necessary or advisable to

129

postpone the commencement of, or adjourn, any inquiry or trial, the court may,
if it thinks fit, by order in writing, stating the reasons therefor, from time to time.,
postpone or adjourn the same on such terms as it thinks fit, for such time as it
considers reasonable, and may by a warrant remand the accused in custody.”
A proviso limits the period of remand to fifteen days at a time. And an
explanation states that “ if sufficient evidence has been obtained to raise a suspicion
that the accused may have committed an offence, and it appears likely that further
evidence may be obtained by a remand, this is a reasonable cause for a remand.”
It is manifest that, while the law allows postponement or adjournment of the case
and the remand of the accused when necessary evidence not before the court
has to be obtained, it does not contemplate this when the necessary witnesses
and evidence are before the court. It is a great hardship to the accused to
be remanded in custody under these circumstances. It is also a great hard¬
ship to the witnesses, who are detained from their ordinary avocations, and
often paid quite inadequate allowances, to have the case postponed or adjourned
when they are in court ready to give their evidence. The disregard of the
convenience of witnesses by the courts in this respect is mentioned by a
large number of persons examined by the Commission as one of the principal
causes for the reluctance of the people to have anything to do with the prosecution
of cases. Another respect in which their convenience is disregarded is the
manner in which peripatetic courts sometimes drag them about the country for
days in connection with cases taken up on tour. The higher authorities are
often to blame for this in their faulty distribution of work. They sometimes
throw too much case work on officers whose duty necessitates their going
on tour, and they also frequently fail to make arrangements for each officer at
headquarters having such a day’s work as he may reasonably be expected to
perform. These are matters that urgently demand attention. Officers them¬
selves are often very much to blame. Sometimes they fail to arrange their
business methodically; sometimes, when work has unavoidably become too
much for one day, they postpone cases where- the public are interested in
promptitude, and take up work which might be postponed without annoyance
to anybody. It will be impossible to avoid occasional postponements for " want
of time ” ; but the duty incumbent on superior officers, to insist that avoidable
postponements are not made by their subordinates, is one the importance of which
cannot be over-estimated; it is nevertheless only too much neglected. Adjournments
requiring the detention of witnesses are certainly not expressly contemplated by
the law and should be systematically and strenuously avoided; and cases should
be promptly begun, and, as far as possible, continued de die in diem.

CHAPTER X.

Police Statistics and Records.

182. It is a frequent criticism of Indian police administration that the work

of police officers is judged almost entirely

Statistical tests oi police work. , . . .

by statistics. 1 here is no doubt exaggera¬
tion in this view, but there is also much justification for it. The annual reports,
for example, contain a table showing for each district the ratio of crime to
population, the percentage of reported cases investigated by the police, the per¬
centage of cases detected, and the percentage of convictions in respect of per¬
sons arrested and persons prosecuted ; while in some provinces it even still
concludes with a column containing what is called the " figure of merit, u based
on a combination of all these percentages. It is little wonder, therefore, that a
very general belief exists that '‘merit” is judged by statistics; and this belief
is strengthened by the prominence given to percentages in the reports on the
inspections of police stations. The station-house officer naturally concludes
that it is of the first importance for his promotion and prospects that he should
obtain a high ratio of convictions both to cases and to persons arrested,
and a low ratio of crime; he believes that attention is given much less to the
methods of his work than to the results of it, and that but little inquiry will be
made regarding the means provided the ends are satisfactory. It is not neces¬
sary to expatiate upon the evils which flow from the wide prevalence of these
mischievous opinions among subordinate police officers, nor need the Commis¬
sion dwell upon the imperative urgency of doing everything that is possible to
remove all justification for a belief so damaging to real efficiency. No civilized
Government can dispense with statistics of crime and of the success of its officers
m dealing with it, but such statistics must be used with judgment and discri¬
mination. Their chief purpose should be to direct attention to particular points
of working or particular localities, and to indicate where further inquiry is neces¬
sary. Police work should be judged, not by statistical results, but upon the
facts elicited by these inquiries. A relatively high rate of criminality or a low
rate of detection does indicate that something is wrong, but it does not in itself
justify the conclusion that there is undoubted administrative failure on the part
of the police. The cause of failure can be determined only by a careful and
detailed examination of the actual facts, and if the necessity for an examination
of that character is steadily kept in view by the superior officers, the misconcep¬
tion that now prevails among their subordinates will soon disappear.

183. The Commission unhesitatingly condemn the application of the statisti¬
cs ..... , .. ca -l t est pure and simple to any area, but

Statistical inspection of police stations, . 1 J *

they consider that its use is particularly
objectionable in the case of a, police station, where a few cases more or less will
affect the percentages materially. Inspections of police stations should, as
regards crime, be confined to criticisms of the actual work ; and to emphasize
the importance which they attach to this, as well as to remove completely the
impression that work is judged by percentages, the Commission recommend
that no statistics of crime should be given in the reports of inspections of police
stations.

*3i

184. The returns prescribed by the Government of India for submission with

the annual administration reports can be

Statistics required for the annual reports. 1 1 • r • 11 •,!

reduced in volume appreciably without
impairing their usefulness in any way, and the revised forms given in Appendix
X are recommended for adoption. The Commission recommend the abolition
of Statement D, which purports to give statistics of professional crime, for owing
to the impossibility of laying down any general rules for determining what is
professional crime, the statistics are worthless. It may be noted here that it is
impossible to secure correspondence between the statistics of crime compiled by
the police and the statistics of criminal trials and inquiries prepared by the
magistracy, as the two sets of figures relate to different facts and are intended to
serve distinct purposes.

As regards the provincial tables appended to the annual reports, the Com¬
mission are of opinion that several of those prescribed by the Governments of
Bengal and the United Provinces may be abolished and their recommendations
on this head are given in Appendix X. The Bombay, Punjab and Burma
reports contain no provincial tables, and in the case of Madras and the Central
Provinces the question has already been dealt with adequately by the Local
Governments.

' 185. There are certain police records in respect of which it is both possible

and desirable to prescribe a common form
Police records. anc [ a common na me for the whole of India.

In this as in many other details of administration there are unnecessary diver¬
gences of practice which cause confusion and put obstacles in the way of mutual
understanding by police officers of different provinces. The recommendations
of the Commission on the subject of these records are given in Appendix IX, while
Appendix XI contains proposals for the abolition of certain records and returns
which are now prescribed. These proposals were, in each instance, framed in
consultation with the local member of the.Commission.

186. There is one matter, howevdt, in connection with this subject of records

which calls for notice in the body of the

Superintendents to be relieved of account work. This is the great burden which is

thrown on Superintendents, and in consequence upon inspecting officers also, by
their responsibility for the accounts relating to the police force of the district.
Superintendents are not trained accountants, and while it is necessary to main¬
tain intact their administrative responsibility for police expenditure, the Commis¬
sion would be glad to see them relieved of their existing obligations in respect
of audit and the accuracy of accounts. This has been done in Bombay, where
all account work proper is done by the district treasury officer, and the Com¬
mission recommend that this system be extended to all provinces.

187. Reference has already been made to the expediency of having a single

Police Act for the whole of India, and the
Police manuals. Commission are of opinion that, although

a single police manual is not possible, greater uniformity is attainable as regards
both matter and arrangement, and that this would be of great advantage, not only
to police officers themselves, but also to all persons who have to deal with police
work in more than one province. The present manuals are huge and cumber¬
some volumes and contain a mass of matter which is not required for executive

132

work. What the Commission would like to see is a handy volume of con.
venient shape, containing only the rules and instructions which relate to police
work and duty. There would be much in such a manual which would be of
general application, and this should be prepared under the instructions of the
Government of India. Chapters dealing with matters which require different
treatment in different provinces could be added under the authority of each Local
Government, and the whole would form the police manual of the province. In¬
structions relating purely to office work should be issued separately and should
not find any place in the manual.

Clerical establishment.

188. In the Punjab, Lower Burma, the Central Provinces and the North-West

Frontier Province the clerical establish¬
ments of police offices consist of men
enrolled under the Police Act. The Commission are of opinion that this system
does not secure the class of men best fitted for the performance of clerical duties,
while it frequently leads to an undue share of promotion being obtained by the
men in the office. It has been urged that enrolment is necessary for the main¬
tenance of discipline, but if discipline can be maintained in other offices without
the assistance of special powers, it should be possible to maintain it in police
offices also, The general principle which the Commission would lay down is
that only those members of the police establishments who have to deal with
crime should be enrolled in the force. The result will be that all the clerks of
officers of and above the rank of Assistant or Deputy Superintendent will cease
to be enrolled under the Act, where that practice now prevails ; and that station

writers an<f the readers of Superintendents, Assistant Superintendents and
peputy Superintendents will be enrolled in the force. The reader shquld be of
the rank of Sub-Inspector, and it is desirable that he should npt be retained in
this appointment longer than twelve months. The Commission do not think
that an Inspector requires a writer, as he will have little scriptory work, Hq
should, however, be given an orderly.

CHAPTER XI.

Strength and Cost of the Police.

189. The principles on which the strength should be fixed have already been
„ , indicated for many of the ranks, but this has

Estimates of strength only approximate. J ....

not been done for all, and it will in any
case be convenient if all the recommendations are brought together in one
chapter. Appendices XIII to XXV contain estimates of the strength in each rank
required for each province. These must not be regarded, however, as more than
rough approximations : the actual strength required can be determined only by a
careful and detailed application of the general principles which the Government
of India accept.

190. Under the law (section 4 of Act V of 1861) there must be for every

“ general police district ” an Inspector-
General of Police, and no further remarks
on the subject of these officers are called for. The present staff of Deputy In-
spectors-General is in most provinces insufficient, and it is recommended that the
number of these officers for the supervision of ordinary district work should be
raised, in Bengal and the United Provinces from two to four, in the Punjab from
two to three and in Burma from one to two. This will give one Deputy Inspec¬
tor-General for about every eleven districts in the first three provinces. In
Burma the proportion will be one to seventeen, but the population is much less dense
there, and one Deputy Inspector-General for Upper and one for Lower Burma will
be enough for the present. There are now no Deputy Inspectors-General in
Bombay and it has already been explained why they are deemed necessary. For
the presidency proper two will be sufficient, and one will be needed for Sind.
With some hesitation the Commission refrain from recommending any addi¬
tion in Madras. The number of districts to each Deputy Inspector-General is,
it is true, only seven, but the districts are very large and the Southern Range is
a heavy one. In the remaining provinces no officers of this rank are required
for district work. For the administration of the railway police and the proposed
Criminal Investigation Departments an additional Deputy Inspector-General will
be required in each of the larger provinces, including the Central Provinces, but
not in Assam, the North-West Frontier Province, or the smaller Administrations.
The Commissioners of Police in Madras, Bombay, Calcutta and Rangoon have
been included in the strength of the Deputy Inspectors-General, in accordance
with the recommendation made in paragraph 95. In Burma there is a Deputy
Inspector-General for Supply and Clothing, and so long as the military police in
that province is maintained at anything like its present strength an officer of this
rank will probably be required, but no such officer is needed for the civil police, as
the Personal Assistant to the Inspector-General can, with the assistance of a
good storekeeper, manage the business of supply, as he does in Madras. The
office of Deputy Inspector-General of Military Police in Burma must be retained;
but as it is, and must be, always filled by a military officer, it has not been includ¬
ed in the cadre of police appointments.

The only other administrative appointment is that of Assistant to the In¬
spector-General. This should be held by an officer of the rank of Superintendent,
who should receive his grade pay and a local allowance varying from Rs. 100 to
Rs. 200 a month according to local circumstances. The practice which obtains
in some provinces of limiting his total emoluments to some maximum sum often

134

causes inconvenience, and the object aimed at can be better attained by limiting
the tenure of the appointment to a period of three years. If they had not found the
contrary practice in existence in one province, the Commission would not have
thought it necessary to state that the Assistant to the Inspector-General should
always remain at headquarters and should not accompany the Inspector-General
on his tours. In Burma the Deputy Inspector-General for district work has a
Personal Assistant: this appointment should be abolished when the second post
of Deputy Inspector-General is created.

191. A Superintendent js required for every district, and two are necessary

for some of the larger districts of Madras

Superintendents and Assistant and Deputy Su- and for the district of Khandesh in
perintendents.

Bombay, which are unmanageably large.
The Commission consider that the practice of putting an Assistant in charge
of a district, which they found in existence in Sind and Assam, is unwise
and probably an evasion, at least of the spirit, if not of the letter, of the Police
Act. Provision has been made in the cadre of Superintendents for the posts of
Personal. Assistant to the Deputy Inspector-General in charge of the Criminal
Investigation Department and Principal of the provincial training school, for
certain appointments in the three presidency towns and Rangoon, and for
temporary deputations. For the purpose of calculating the cost of Superin¬
tendents it has been assumed, in the absence of information on the subject, that
all these officers will be recruited in Europe. The number of Assistant Superintend¬
ents has been fixed in accordance with the scale laid down in the circular letter of
the Government of India, dated 30th October 1900, Nos. 719—722. The calcu¬
lations there given show that'only 43*98 per cent, of the total number of Assistants
will be available for employment in posts to be held by Assistants. The Commis¬
sion are of opinion that there should be at least one qualified Assistant or Deputy
Superintendent in every district; and where it is necessary, as in Madras,
and occasionally in other provinces, to constitute police subdivisions owing to
the district being too large for the whole of it to be directly in charge of the
Superintendent, there should also be one for the charge of every such subdivision.
The number of qualified Assistant Superintendents being fixed in the manner
described above, the number of Deputy Superintendents will be determined by
the difference between the number of posts to be filled by Assistant or Deputy
Superintendents and the number of qualified Assistants available. The detailed
calculations of the strength thus arrived at for each province are given in the
Appendices. In drawing up the final estimates the Local Governments can
modify their requirements in accordance with the number of appointments of
Superintendent which they propose to transfer to the provincial service. This
will also necessitate modification of the numbers of Assistant and Deputy
Superintendents.

192. Before leaving the subject of the superior officers mention must be made

The block of promotion i n Burma. t * ie P resent position in Burma, where

there is now a very serious block in the
upper ranks, owing to the abnormal recruitment at the time of the annexation of
Upper Burma. Nearly two-thirds of the superior officers, in which class is
included the A list Inspectors, entered the service in the three years 1886 to
1888, and these officers are all of about the. same age. Recruitment has now
ceased for some years and it is imperative that immediate steps should be taken
to restore the establishment, so far as is possible, to a normal condition in respect

135

of age and service, so that recruitment may be recommenced at once and a regular
flow of promotion be secured. The measures which the Commission recommend
are (i) that special pensions on a liberal scale should be given to men of any
grade who are desirous of leaving the service, and (2) that all Inspectors
on the A list who are not absorbed into the ranks of Assistants owing to the
vacancies thus created should be allotted to other provinces and enrolled in the
superior ranks, with due regard on the one hand to their age and service, and
on the other to the claims of the officers already serving in those provinces.
The increase of appointments will make it possible to observe both these
conditions. Any officer who refuses to accept an appointment in another
province (and the Commission understand that some have rejected this
means of relief), or fails to qualify for confirmation therein, should be posted
to the Burma Provincial Police Service.

193. The principle on which the size of an Inspector’s circle should be fixed

inspector* has already been explained (paragraph 61),

but it should be added that every large
town with its environs should form a separate circle. For each circle there will
be one Inspector. There will in addition be in each district one Inspector for the
prosecution of cases, and another, usually a European, for the charge of the
Headquarters Force. Inspectors will also be required for the training schools
and for the Criminal Investigation Department.

194. Of Sub-Inspectors there will be one in charge of every police station, and

Sub-inspectors. tbe number of investigations ordinarily

exceeds 100 per annum, there will be an
additional Sub-Inspector for each hundred in excess. For the prosecution of
cases a Sub-Inspector is required at the headquarters of each Sub-divisional
Magistrate, and where the subdivisional system is not in force it will frequently
be necessary to allow a Sub-Inspector for the assistance of the District
Prosecuting Inspector. One Sub-Inspector must be provided for the post of
Reader for each Superintendent and for each Assistant or Deputy Superintend¬
ent in charge of a subdivision. A small number of Sub-Inspectors is also
needed for the training schools and for the Criminal Investigation Department
in each province.

195. At every police station there will be one head constable as station writer,

and one to assist in the general work.
For each additional Sub-Inspector on the

station staff there should also ordinarily be an additional head constable, as the
number of Sub-Inspectors affords a fair gauge of the work of the station.
Where police posts are found necessary, there must be a head constable in
charge of each. A head constable is also required for each guard that has to be
mounted. In the Headquarters Force the proportion of head constables should
usually be one to every ten constables.

Head constables.

196. To determine the number of constables required at a police station it is
Constables. necessary to know the details of the fixed

duties. These will vary from station
to station, and all the Commission can do is to' emphasize the importance of
including within the category of “ fixed duties ” every duty which is of regular
occurrence. This has not been sufficiently kept in mind in the past, and the

136

police have not, as a rule, been given enough men for the performance of the
work to be done. This has had a bad effect in two ways : it has led to many
duties being scamped, and it has necessitated the serious restriction of the grant
of leave. A policeman, it must be remembered, gets no holidays, not even
Sundays. He has, indeed, often to work harder on public holidays than on other
days. It is important, therefore, that the strength should be fixed at a figure which
will provide enough men for all ordinary duties, so as to avoid the necessity of
drawing upon the reserve which is intended to supply leave vacancies, for if
that be done leave will be restricted, the present discontent and dissatisfaction
with the service will continue, and the difficulty of attracting and keeping good
men will be alleviated but little. The other alternative is the neglect of some of
the duties which the police ought to perform, and the duties which are so
neglected are those connected with the prevention of crime, as their neglect
attracts the least attention, since the evil results are not directly apparent.
Among “ fixed duties ” may be mentioned all guards, beats and patrols, but both
beats and patrols will be largely reduced if the Commission’s recommendations are
accepted ; the service of process except where there is another establishment to
which this duty can conveniently be assigned; attendance at railway stations within
the limits of the police station in order to watch for the arrival or departure of bad
characters and preserve communication with the railway police ; assisting the in¬
vestigating officers, for which purpose two constables should be provided for each
Sub-Inspector on the station staff; and furnishing escorts for prisoners and treasure.
This last-mentioned duty is a fluctuating one and it is extremely difficult to fix
the requirements for it. It will often be possible for the constables attached to
the Sub-Inspectors to escort prisoners, and by careful arrangement on the part
of treasury officers, demands for treasure escorts can be evenly distributed
and kept within reasonable limits, while it may in many places be preferable to
send men from the Headquarters Force for such escorts. It has been represent*
ed that in all provinces except Madras and Bengal a sentry must always be
mounted at every police station. The Commission cannot fora moment accept
this contention. In the North-West Frontier Province, and perhaps in parts
of the Punjab, or in any exceptional tracts where there is danger of the station
being attacked, a sentry is undoubtedly necessary ; and a sentry should also be
mounted when there are prisoners in the lock-up. But more than this is not
required. In the day-time there will always be at least one police officer at the
station, and at night the unmarried constables can sleep there, one of them being
told off to sleep in front of the door, which should be securely fastened.
The strength of the police station at the headquarters of a circle should in¬
clude one constable for duty as an orderly with the Circle Inspector. In the case
of railway police stations, platform duty requires a varying number of men
according to the importance of the station, and provision must be made to allow
of one constable accompanying every passenger train. At large stations one or
two men will be wanted to regulate the traffic at the entrance. In the Head¬
quarters Force there must be enough men to furnish all guards and orderlies
at the headquarters of the district, and to supply the necessary escorts for
treasure and prisoners, including escorts of treasure from subdivisional head¬
quarters. There will in addition be the minimum armed force referred to in para¬
graph 74, which will ordinarily consist of 25 constables, though a larger number
will be necessary in some places. The practice of employing constables to do
clerical work in courts should cease, and where a magistrate is given one or more
prderlies no special court police is necessary.

137

197- The scale of grading which the Commission recommend is shown in

Appendix XII. It has in each case been
Method of grading. framed with a due regard to the method

of recruitment and the field of promotion. Thus in the case of Assistant Super¬
intendents and Sub-Inspectors the lowest rate of pay is meant for probationers
only, and the proportion of the strength in the last grade is, therefore, a small
one. Deputy Superintendents will be partly recruited direct and partly by
promotion, so the proportion in the last grade has in this case been fixed slightly
higher. The pay of the constables will depend on the length of their service
and the percentage in each period of service has been arrived at for each
province by taking the average for a number of typical districts. In the Central
Provinces there will be only one Deputy Inspector-General, and it has been
thought best in that case to give a progressive pay of Rs. 1,500—100—1,750.

198. The establishments required for each province have been calculated on

these principles and details are given in the

Estimate of increased expenditure. . .. ... ,

Appendices. In framing these estimates
the Commission had the assistance of the Inspectors-General who attended the
Conference at Simla. These officers in every instance asked for a larger
establishment than that proposed, but the Commission believe that the staff
which they have recommended will, with some adjustment in regard to requirements
about which the information before them was not complete, be sufficient to meet
all reasonable and normal demands. The estimates show a considerable addition
to every grade of the force and a total increased expenditure of 147 lakhs of
rupees a year. The forecast is not complete as it omits such items as the
additional expenditure on contingencies and travelling allowance. But it also
omits the savings which will be effected by the substitution of Native for
European Superintendents, and by the abolition of good-conduct allowances and
the like; and it takes no account of the recoveries to be made from railway
companies and municipal and cantonment funds for their share of the increased
cost. In the case of the presidency towns and Rangoon the estimate includes
only the cost of substituting superior officers for the present class of Superintend¬
ents, but additional expenditure on other grades will be inconsiderable. After
making every reasonable allowance for all these omissions on both sides of the
account, the Commission are of opinion that the total additional burden on
• Imperial and Provincial finances will not exceed 150 lakhs of rupees a year.
They have already given their reasons at length for the reforms they propose.
These reforms include the improvement of the position of the Inspector-General
in regard to status and permanency ; the appointment of an adequate number
of Deputy Inspectors-General to secure supervision of the work of Superintend¬
ents and systematic co-operation against crime; the improvement in the educa¬
tion, training, pay and prospects of Superintendents, and the employment of such
a staff of European and Native Assistants as will enable them to devote them¬
selves less to office routine and more to knowing and understanding the people
and supervising the work of their subordinates; the provision of a suitable career
for Native gentlemen in this department, the recruitment of men of higher
character and attainments for the work of investigation and inspection, and their
efficient training ; the payment of such wages to the lower ranks as will secure
them against the practical necessity for corruption ; the establishment of adequate
reserves, which, though absolutely necessary for efficiency have in practice never
existed; the appointment of a competent staff of prosecuting officers so as to

secure the effective presentment of cases; and the provision for the perform¬
ance of important branches of police work which have hitherto been neglect¬
ed. They include the improvement of the existing force in all important
details, and the provision of essential additions to remove deplorable defects.
The Commission are convinced that these reforms are necessary for the
improvement of the police, an improvement demanded alike by popular opinion and
administrative experience. And they maintain without hesitation that any real
effort to attain greater security of life and property and some reasonable hope of
freedom from the oppression and other serious evils complained of by this vast
population of three hundred millions fully justify this additional expenditure of
less than one million sterling per annum.

199. It will not be necessary, however, to incur the whole of this additional

charge immediately, for the Commission

Increase of expenditure will be gradual. . , , . .. .. ,, , , , , ,

wish it to be distinctly understood that
they do not recommend the complete introduction of the increased rates of pay
at once. The object of offering better remuneration and prospects is to attract
a higher class to the ranks of the police and to hold out inducements for the
rendering of continued good and honest service. The police fail at present
largely because the members of the force are lacking in character and capacity,
and to reward dishonesty and incompetence would not only be indefensible in
itself, but would also neutralize to some extent the effect of the measures that
have been proposed for the improvement of the personnel. Moreover where large
increases to the strength of any particular rank above the lowest have been sug¬
gested, the carrying out of the recommendation must be a work of time, for any
recruitment greatly in excess of the normal rate would lead later to a stagnation
in promotion which would cause much discontent and might seriously injure the
whole scheme.

In the case of constables and head constables, the foregoing considerations
have little application, for it is proposed to raise their pay, not for the purpose of
obtaining a class different from that now enlisted, but with the object of giving a
reasonable wage and of inducing men to remain in the service. These objects
are capable of immediate fulfilment, and in the case of these lower ranks, there¬
fore, the higher scales may be introduced at once, due regard being had to the
condition that the periodical increments proposed are to be given only to men
whose service has been approved.

As regards the higher ranks, the guiding principle should be that, while no
officer whose service is not thoroughly approved should derive any appreciable
benefit from the reorganization, officers of real merit and ability may with pro¬
priety be given the advantages of the new scale of pay and grading, as such
encouragement to the deserving will stimulate to further effort and undoubtedly
promote the public interests. In the case of Assistant Superintendents, the new
scale should be introduced without delay, as it is desirable to improve their posi¬
tion at once. The Commission also recommend that no Superintendent
should be called on to hold charge of a district on less pay than Rs. 700 a
month. The gradation and pay above that figure are fixed to secure a better
class of officers, and promotion in accordance therewith ought not to be given
except to those officers now in the force who have the capacity and character
which it is desired to obtain. This is a matter to be left to Local Governments,
who must bear in mind the desirability of getting rid of inefficient men.

*39

CHAPTER XII.

Summary of Recommendations.

200. The Commission think that it will be convenient if they conclude their
report with a summary of their recommendations. The most important of these
are as follows

I.—Organization.

(a) District Police.

(i) That the police force should consist of («) a European Service, to be
recruited entirely in England; ( 5 ) a Provincial Service, to be recruited entirely in
India; (e) an Upper Subordinate Service, consisting of Inspectors and Sub-In¬
spectors ; and ( d ) a Lower Subordinate Service, consisting of head constables
and constables.

Paras. 64
61, 57 St 54.

66 , 58,

(2) That the office of Inspector-General should ordinarily be held by a Paras - 7 * J
selected District Magistrate, and that the Inspector-General in Bombay should

be given the same powers as are exercised by Inspectors-General in other
provinces.

(3) That all the large provinces should be divided into ranges and that a Para. 70,
Deputy Inspector-General should be placed in full administrative charge of each
range.

(4) That no officer of lower grade than that of Superintendent should be Para. ipj.
placed in charge of the police of a district.

(5) That a certain number of Superintendentships should be reserved for Para.:6 7 .
members of the Provincial Service.

(6) That for some of the large districts in Madras and for Khandesh in p « a - * 9 «-
Bombay two Superintendents are required.

(7) That on the analogy of the Provincial Civil Service a grade of Deputy Para. 66.
Superintendents should be created; the status of these officers being the same

as that, of Assistant Superintendents.

(8) That there should be one Assistant or Deputy Superintendent in every Pira - I9t>
district, and that in the larger districts one or more additional officers of this

class should be appointed to hold charge of a subdivision.

(9) That each district should be divided into circles consisting, as a rule, p « a - »93-
of from 5 to 8 police stations, except in the case of large towns, when the town

and its environs should form one circle.

(10) That an Inspector should be placed in charge of each circle to Para - 6l>
supervise all police work within it.

(11) That the ordinary area of a police station should be about 150 square
miles.

140

Para. 58

Para. 195.

Para. 54.

Para. 74.

Para. 75.

Pura. 73.
Para. 78.

Para. 80.

Para. 106.

Para. no.

Para. 208.

Para. 110.

Para. 112.

(12) That the officer in charge of a police station should be of the rank
of Sub-Inspector, and that where the work of investigation is heavy, one or
more additional officers of this rank should be appointed in order to obviate the
necessity of employing any officer of lower rank in investigating offences.

(13) That one head constable should be attached to every police station
to perform the duties of station writer.

(14) That the establishment of a police station should also contain a second
head constable to render general assistance to the Sub-Inspector, but not to
undertake the investigation of any offence independently of that officer.

(15) That the duties of constables should be of a mechanical character, such
as escorts, guards, patrols and the like, and that they should be employed on
the more responsible duties of the police only under the direct orders of some
superior officer.

(16) That there should be for each district, or in some cases for each group
of districts, a farce of armed police sufficient to deal with tumults and local dis¬
turbances, a fixed portion of this force being kept in reserve always ready to
proceed to any place where it may be needed.

(17) That this Headquarters Force should be in charge of an European
Inspector assisted where necessary by a European sergeant.

(18) That the division of the police into armed and unarmed branches is
undesirable.

(19) That the military police in Bengal should be abolished.

(20) That mounted police are very expensive and should not be employed
unless necessity for them is clearly established.

(21) That European sergeants are required for cantonments, sea-ports,
large railway stations and other places where the police may have to deal with
Europeans. They are also needed in some cases to stiffen the armed Head¬
quarters Forces. They are unsuitable for employment in the interior.

(b) Railway Police.

(22) That, with few exceptions, the limits of the jurisdiction of the railway
police forces should be coterminous with the limits of- the provinces.

(23) That the organization of the railway police should follow the lines re¬
commended for the district police.

(24) That the duty of the railway police should be confined to the main¬
tenance of law and order, and that they should not undertake the duty of watch
and ward.

(25) That a constable or head constable should travel in every passenger

train.

(26) That the railway police should not be required to investigate cases of
shortage or missing goods, unless they have reason to suspect the commission of
a cognizable offence; or to examine the seals on goods wagons.

(27) That for the prevention and detection of serious crime on the navigable
rivers in Bengal and Assam a separate river police force under a Superintendent
is necessary.

(d) Municipal and Cantonment Police.

(28) That no separate police forces should be maintained for municipalities
and cantonments and that where payment for such police is now made from
municipal or cantonment funds the charge should be transferred to provincial
revenues, which should be relieved of equal expenditure on some other branch of
the municipal or cantonment administration ; but these recommendations do not
apply to the presidency towns, which may require separate treatment.

(e) Police of the Presidency Towns and Rangoon.

(29) That the complete separation which now exists between the city and
district police does not conduce to systematic co-operation between the two forces
and leaves the Inspector-General in ignorance of the police work in the most im¬
portant charge in the province.

(30) That if the Commissioner of Police is placed under the Inspector-
General, the former must retain much larger powers of discipline and control than
are accorded to District Superintendents.

(31) That the Commissioner of Police should be graded as a Heputy In¬
spector-General.

(32) That the office of Deputy Commissioner as now constituted should be
abolished.

(33) That the present class of Superintendents should be abolished, their
place being taken by a small number of officers of the rank of District Superintend¬
ent, who should be deputed for duty in the city.

(34) That in respect of the lower ranks, the organization should be similar
to that of the district police, but that a larger proportion of Europeans is
necessary.

(/) Criminal Investigation Departments.

(35) That there should be constituted in each province a Criminal Investi¬
gation Department for the purpose of collating and distributing information
regarding organized crime, and to assist in the investigation of crimes when they
are of such a special character as to render this assistance necessary.

(36) That in all the larger provinces the head of this department should
be an officer of the rank of Deputy Inspector-General, who should also have the
administrative charge of the railway police of the province,

(37) That he should have a Personal Assistant of the rank of District Su¬
perintendent.

(38) That the work now done by the Secretariat Police officer should be
transferred to the Criminal Investigation Department, which would also include
the Provincial Finger Print Bureau.

Para. 113.

Para, 114.

Para. 95.

Para. 93.

Para. 96.

Para. 97.

Para. 1 66.

Paras. 166, St 190.

Para. 191.

Para. 166.

142

Pata. 167.

Para. 168.

Para. 173 -

Para. 64.

P ara. 66 ,

Pars. 66.

Para, Cll

Para. 58.

(39) That there should be a similar department for the whole of India, pro-
sided over by an officer of the standing and experience of an Inspector-General.

(40) That the functions of this Central Department should be to collect,
collate and communicate information obtained from the Provincial Criminal In¬
vestigation Departments or otherwise.

(41) That its intervention in the investigation of offences should ordinarily
be confined to such special technical crimes as note forgeries, but that it
should also assist local authorities by obtaining for them the services of officers
acquainted with the personnel or methods of criminals who come from outside
the province.

(42) That the central agency should be brought into connection with the
police of the Native States for the purpose of obtaining full information regarding
the commission of organised crime therein.

II.—Recruitment and Training.

(43) That the recruitment of the European service should be by competi-
tive examination in England, on the same conditions as at present, except that
the age limits for candidates should be 18 to 20.

(44) That successful candidates should be required to undergo a two-
years’ course of training at an English residential university where there is a
Board of Indian Studies, each candidate receiving an allowance during this period
oi £\ 00 a year ; and that the course of study should include criminal law and
practice, taking of notes of cases in the criminal courts, an Indian verna¬
cular, Indian history, geography and ethnology and riding. Probationers
should also be required to join a volunteer corps and become efficient.

(45) That in addition to this probationary training in England each Assist¬
ant Superintendent should on arrival in India be attached for one session to the
provincial training school.

(46) That the provincial service should be recruited in respect of one-half
of the vacancies by the promotion of carefully selected Inspectors ; and in
respect of the other half by the selection of natives of India who have quali¬
fied for the provincial service in the Revenue, Judicial or Police Departments, or
by the appointment of any Native officer already employed in such provincial
service.

(47) That any selected candidate who has had no police experience should
undergo a course of training at the provincial training school.

(48) That the recruitment of Inspectors should ordinarily be by the pro¬
motion of selected Sub-Inspectors, but that in respect of not more than 20 per
cent, of the vacancies the Government should reserve to itself the power to
make direct appointments, men so appointed being sent to the provincial
training school for a course of instruction,

(49) That, save in exceptional cases, the promotion of Sub-Inspectors should
be by direct appointment, and that promotions of head constables to this rank

143

should be strictly limited and should in no case exceed 15 per cent, of the
vacancies.

(50) That probationers should be selected from a general list of candidates, Para. 58.
compiled by the Inspector-General of Police from lists prepared by Commis¬
sioners of Divisions with the assistance of District Magistrates and Superintend¬
ents of Police.

(51) That no person should be eligible for entry in these lists unless he is of p ara . 58.
good moral character and social position, possesses the necessary educational
qualification, which shall in no case be lower than the University Matriculation or
School Final Examination, is between the ages of 21 and 25 years, and is
physically fit for police service.

(52) That a provincial training school should be established in each of the Par4, S 9 .
larger provinces for the training of police officers of and above the rank of Sub-
Inspector.

(53) That the Principal of this school should ordinarily be a carefully selected Para. 59.
Superintendent of Police, assisted by a competent and adequate staff of
instructors.

(54) That the course of instruction should include Criminal Law and the Law Para ' S5 '
of Evidence, Police Procedure and Practice and the habits and customs of the
criminal classes; that arrangements should be made for giving practical
training in station-house work ; and that special instruction should be given in
regard to the manner in which police officers should conduct themselves towards

the public.

( 55 ) That the recruitment of head constables should be by promotion from para - S 7 -
the ranks, except where it is impossible to find among the constables a man
qualified for the post of station writer.

(56) That constables should be recruited locally so far as is possible; p ara . 54
that recruitment should be confined to the classes which are usually regarded

as respectable, care being taken to ascertain that the candidates are of good
character and antecedents. Members of the criminal classes should not be
enlisted.

(57) That a due proportion should be maintained between the import- Para 54-
ance attached respectively to physical and educational standards, with a view

to increasing the number of literate men in the force.

(58) That for the training of constables central schools should be estab- Paras. 55,193 & 194,
lished for groups o.f districts; that each school should be under a Deputy or

Assistant Superintendent, assisted by a staff of Inspectors and Sub-Inspectors ;
that the course of training should extend over six months and should include
instruction in drill, discipline, elementary law and police procedure and the
manner in which police officers should conduct themselves towards the public.

III.— Pay.

(59) That the minimum pay of constables should be fixed for each province Para. 56.
or part of a province at a rate which wall give a reasonable living wage for a man

144

Para. 56.

Para 57.

Para. 60 ,

Para, 62 .

Para. 62.

Para 68.

Para. 65.

Para. 68.

Para, 65.

Para. 70.

Para. 71.

of the class required ; that in no province should this minimum pay be less than
Rs, 8 a month, while in Burma it should be about Rs. 12.

(60) That after three years of approved service the pay should be raised by
one rupee per mensem, after a further period of five years by another rupee, and
after seven years more by a third rupee : in Burma the increment should be Rs. 2
instead of one rupee.

(61) That good conduct allowances should be abolished, and that specially
good service should be rewarded by entries in the character book or long roll, by
good service stripes, or by money rewards.

(62) That head constables should be divided into three grades carrying pay
at Rs. 15, Rs. 20, and Rs. 25 a month, respectively.

(63) That Sub-Inspectors should be divided into four grades on salaries of
Rs. 50, Rs. 60, Rs, 70 and Rs. 80; that they should also receive a horse allow¬
ance of Rs. 15a month, but no special allowance for the charge of a police station;
that while at the school they should receive Rs. 25 a month and no horse
allowance ; and that they should be given a reasonable advance for the purchase
of a horse, uniform and accoutrements.

(64) That Inspectors should be divided into four grades on Rs. 150, Rs.
175, Rs. soo, and Rs. 250.

(65) That Inspectors in charge of rural circles should receive travelling
allowance at the rate of one rupee per diem, and that all other Inspectors should
be given a horse or conveyance allowance of Rs. 15 per mensem.

(66) That Deputy Superintendents should be divided into four grades, carry¬
ing salaries of Rs. 250, Rs. 300, Rs. 400, and Rs. 500 a month.

(67) . That Assistant Superintendents should be divided into three grades
on Rs. 300, Rs. 400, and Rs. 500 a month, respectively.

(68) That Superintendents in the Provincial Service should be graded on
salaries of Rs. 600, Rs. 700, Rs. 800, and Rs. 900 a month,

(69) That Superintendents of the European Service should be divided into
five grades with salaries of Rs. 700, Rs. 800, Rs. 900, Rs. 1,000, and Rs, 1,200
a month ; but that no Superintendent should receive promotion to the Rs. 900
grade if he is considered unfit to hold charge of the police of any of the nr ore
important districts.

(70) That Deputy Inspector-Generals should be divided into three grades
on Rs. 1,500, Rs. 1,750, and Rs. 2,000 a month, respectively, and that these
officers should be eligible for the special pension of an additional Rs. 1,000 a
year provided for in the Civil Service Regulations.

(71) That the pay of the Inspector-General in the larger provinces should
be fixed at Rs. 2,500—100—3,000, so as to secure his retention in the office for a
considerable period; that in Assam and the Central Provinces the Inspector-
General should receive a local allowance of Rs. 250 a month in addition to his
salary as a member of the Commission; and that the Inspector-General of the

North-West Frontier Province should be given the pay of a Deputy Inspector-
General of the first class, namely, Rs. 2,000 a month.

(72) That free-quarters should be provided for every police officer of or Paras. 88 & 104.
below the rank of Sub-Inspector ; the quarters now provided are in many cases
unsuitable, and in some instances are unfit for human habitation.

(73) That all officers should be entitled to retire on full pension after 25 Para. 87.
years’ service, and that the Government should be empowered to dispense with

the services of any officer after that period of service.

IV. —Strength.

(74) That the police forces are at present inadequate in every province Pa«. 198.
and must be increased.

(75) That a reserve is required to supply men for the vacancies caused Para - 79*
by casualties; that in the case of the European superior staff this should be
provided in the rank of Assistant Superintendent, while for the provincial and

upper subordinate service it should be provided in the rank of Sub-Inspector
and should be fixed at 14 per cent, of the total strength of those services; that
for European Inspectors and Sergeants it should be provided in the lower rank
at 10 per cent.' of the total strength ; and that for constables.and head constables
it should be provided by an addition to the rank of constable of 15 per cent, of
the total strength of both constables and head constables.

V. —Discipline.

(76) That the District Magistrate should not interfere in matters of discip- Paras. 81, m &
line, which should be left entirely to the officers of the force, but the Magistrate 122 '

should have power to direct the Superintendent to make an enquiry into the
conduct of subordinate officers, and if he is not satisfied with the result of
that inquiry he should be at liberty to bring the matter to the notice of the
Deputy-Inspector General or Inspector-General.

(77) That no officer of rank below that of Superintendent should be em- Para g2 _
powered to inflict any punishment except extra drill and confinement to quarters.

(78) That evidence of general repute should be admissible to prove a Para . g 4 .
charge of corruption.

(79) That removal from service upon reduced pensions or gratuities should Para . 8s .
be permissible in the case of officers who are proved to be inefficient.

VI.— Village Police.

(80) That it is of paramount importance to develop and foster the existing p aras , 3I & 5o .
village agencies available for police work,

(81) That the responsibility of the village headman for the performance of Para. 48.
the village police duties should be recognised and enforced in every province j

and that the village watchman must be a village servant subordinate to the
village headman and not to the regular police.

(82) That the supervision and control of village headmen should be Para. 47-
entrusted to the Collector or Deputy Commissioner and his subordinate officers,

Para. 49.

Para. 51.

Para. 120.

Para. 123.

Para, 124.

Para. 124.

Para. 126.

Para. 132.

Para. 133.

Para. 135-

Para. 136.

(83) That the regular periodical attendance of village watchmen at the
police station is unnecessary and undesirable.

(84) That it is expedient to relegate the trial of petty offences to village
headmen or punchayats, and that where this system does not exist it should be
cautiously and experimentally introduced.

VII.— Relations between the Magistrates and the Police.

(85) That Divisional Commissioners should not interfere directly in the
details of police administration, but that their responsibility should be limited
to the duty of supervising and advising District Magistrates.

(86) That the responsibility of the District Magistrate for the criminal
administration of the district must be preserved, and that he must, therefore, be
given authority over the police ; but that this authority should be of the nature
of general control and direction and not a constant and detailed intervention.

(87) That whenever a District Magistrate has been compelled to take an
active part in the investigation of any case, he should not try the case himself.

(88) That if a District Magistrate receives a report from the police that in
any case there has been or is likely to be a failure of justice and he sees reason
to interfere, he should proceed in open court in accordance with the provisions of
the law.

(89) That as regards other Magistrates it is desirable to impress on their
attention that the law provides that their connection with a case shall begin from
the receipt of the police report containing the first information regarding it and
continue to the end.

(90) That it is the duty of the Magistrate to examine the reports which
from time to time he receives under the provisions of the Criminal Procedure
Code and that he must make every offort to discover the truth.

(91) That strictures on a police officer should be recorded in a separate
note, unless his misconduct is established after his explanation has been heard, or
unless reference to it in the judgment is necessary for the elucidation of the case.

VIII.— Prevention.

(92) That proof of previous convictions which would render section 75 of the
Indian Penal Code applicable should be permitted at any time before the release
of the offender, and that the law should be amended to secure this.

(93) That the Code of Criminal Procedure should be amended so as to
allow of any first class Magistrate being invested with powers under section 30 in
respect of the trial of old offenders.

(94) That enquiries ‘into cases of bad livelihood should invariably be held in
the village of the person against whom information has been received.

( 95 ) Th at section 565 of the Code of Criminal Procedure should be amend¬
ed, so as to forbid a person under police supervision to absent himself from his

home without first reporting his intention to do so; and that the maximum
penalty for breach of the rules under that section should be raised to imprison¬
ment of either description for one year.

(96) That a provision should be inserted in the Criminal Tribes Act autho¬
rising the simple registration of notified criminal gangs and the taking of the
finger impressions of the adult male members; that full information be collected
about all criminal tribes and gangs as a preliminary to dealing with them more
effectually than at present; and that it is essential to the success of any such
measures that they should be extended to Native States.

(97) That police surveillance over criminals should be confined to those
who are really dangerous, and that a uniform system of history sheets, surveil¬
lance registers and reports of movements of habitual criminals should be
established for the whole of India.

(98) That the present system of beats lowers the position and weakens the
authority of the village headmen and should be abolished; and that the
visits of police constables to villages should be only for the purpose of obtaining
specific information.

(99) That the lighting of streets in municipal towns everywhere calls for
improvement.

(100) That for the purpose of suppressing cattle theft, the offence defined
in section 215 of the Indian Penal Code should be made cognizable ; and that
the voluntary registration of sales of cattle and the grant of passes or certificates
of ownership by the village headman should be encouraged.

IX.-— Investigation of offences.

(101) That the investigation of offiences should be made “ on the spot ”;
that is, at the place most suitable for its success and for the convenience of the
people.

(102) That the discretion given by clause (b) of the proviso to section
157 of the Code of Criminal Procedure should be exercised subject to the
following general principles :—(1) No investigation should be made in any
case which, after consideration of the complaint and anything which the com¬
plainant may have to say, seems to fall under section 95 of the Indian Penal Code.
(2) No investigation should be made in any case where the complaint shews that
the complainant is apparently seeking to take advantage of a petty or technical
offence to bring into the Criminal Courts a matter which ought properly to be
decided by the Civil Courts. (3) No investigation should be made into any case
which the village Magistrate or headman or other village tribunal is empowered
under any local law to deal with and dispose of. (4) In cases other than those of
the three clauses specified above the police officer should ordinarily make investi¬
gation if the complainant so desires, but he should not enter on an investigation
if the injured person does not wish for one, unless the offence appears to be of a
serious character, or the offender is an habitual criminal.

(103) That the offences punishable under sections 341, 342, 374, 406 and
447 should be made non-cognizable.

Para. 137.

Para. 139.

Para. 33.

Para. 144.

Para. 146.

Para. 151.

Para. 15,8.

Para. 153.

I4S

Para. 154.

Para. 15s.

Para. 156.

Para. 158.

Para. 161.

Para. 162.

Para. 164.

Para. 160,

Para. 163.

(104) That the power to arrest without warrant persons who within the view
of the police officer commit what may be generically termed “ nuisance cases, ”
which is given by section 34 of the Police Act (Act V of 1861) and by the
Municipal Acts of most provinces, should be withdrawn, the police being left to
deal with such offenders under the provisions of section 57 of the Code of
Criminal Procedure.

(105) That it! should be clearly laid down, by the enactment, if necessary,
of a proviso to section 157 of the Criminal Procedure Code, that the police
officer receiving information of a cognizable offence is not compelled to make an
immediate arrest of the offender ; that in cases in which there is no reason to
believe that the accused will abscond it may sometimes be wise to apply in the
first instance to the Magistrate, who may issue either a warrant or summons as he
sees fit.

(106) That the discretion given by the law regarding the taking bail in
non-bailable cases is not sufficiently or generally realized. The existence of
reasonable suspicion against any person justifies his arrest (section 54 of the
Code of Criminal Procedure), but that there must be “ reasonable ground for
believing that the accused has been guilty of the offence" to justify refusal of
bail (section 497).

(107) That the power of taking bail given to an officer in charge of a police
station by sections 169, 496 and 497 of the Code of Criminal Procedure should
also be given to an officer making an investigation.

(108) That the power to depute a subordinate to make an arrest which is
given by section 56 of the Code of Criminal Procedure to the officer in charge
of a police station should also be given to any officer conducting an investi¬
gation.

(109) That the use of handcuffs and other forms of restraint and restrictions
as to food, clothing and visits of relatives and legal advisers, in the case of a
person under arrest, but not proved guilty, should be limited to what is reason¬
ably necessary to prevent escape or the evasion of justice.

(no) That the detention of suspects without formal arrest is illegal and
must be rigorously suppressed.

(111) That the law should be amended so as to render it possible to enforce
the obligation to answer .questions imposed by sub-section 2 of section 161
of the Code of Criminal Procedure.

(112) That in all.important cases the Magistrate should peruse the diary
prepared under section 172 of the Code of Criminal Procedure; statements
recorded under section 162 (1) should not be entered in this diary, which should
contain only the purport of the information given by each witness.

(113) That the practice of working for or relying on confessions should be
discouraged in every possible way ; and that confession should be recorded only
by a Magistrate having jurisdiction to inquire into or try the case.

1 49

X.— Prosecution.

(114) That in every Sessions Division, and in every district where the
Sessions Division includes more than one district, a qualified member of the
local Bar should be appointed a Public Prosecutor for the conduct of important
cases; and that such appointment should be for a term of years.

(115) That for every district a Police Inspector should be appointed a
Public Prosecutor for the conduct of cases in the magisterial courts, that he
should be assisted where necessary by one or more Sub-Inspectors; and that
at the headquarters of each magisterial subdivision a Sub-Inspector should be
appointed as Public Prosecutor for the courts in that subdivision.

(116) That these Prosecuting Inspectors and Sub-Inspectors should not be
required to perform ministerial duties in connection with the courts, or clerical
work in connection with ordinary police.

(117) That section 337 of the Code of Criminal Procedure should be
amended so as to allow the tender of pardon in all cases triable by the Court
of Session, instead of, as at present, only in those exclusively triable by such a
Court.

(118) That the postponement and adjournment of cases causes grievous
hardship to parties and witnesses and serious injury to police work.

(119) That the scriptory work of police officers should be reduced as much
as possible, and that the statistical returns should be limited as recommended in
the appendices.

(120) That police work should not be judged by statistics, but by local
inspection and inquiry.

(121) That Superintendents should, as far as possible, be relieved of work
in connection with accounts.

(122) That miscellaneous work not connected with proper police duties
should not be imposed on police officers.

XI.— Miscellaneous.

(123) That there should be a single Police Act for the whole of India.

(124) That the police manuals of every province require to be largely
reduced in bulk, and that that portion of each manual which is of general
application should be prepared under the instructions of the Government of India.

(123) That there should be greater uniformity of nomenclature as regards
both the personnel of the Police Department and its records.

(126) That there should be periodical conferences between the Inspectors-
General of the different provinces.

(127) That the Government of India should supplement their occasional
reviews of the annual Police Reports by a quinquennial review of police work for the
whole of India.

Para. 178.

Para. 180.

Para. 181.

Para. 184.

Para. 182.

Para. 186.

Para. 33.

Para. 91.
Para. 187.

Para. 90.

Para. 174.

Para, 174.

’5o

201. These are the recommendations which the Commission submit for the con¬
sideration ' of the Government of India.

Conclusion. 1 i i • ,1 <■

i hey have endeavoured, in the course of
an inquiry conducted in every province of India, to ascertain the state of the
police force and the feeling of the country in regard to it. They have received
the evidence not only of witnesses who have been recommended to them either
as possessing some considerable knowledge of the subject or as representing
some particular class of the community or some phase of public opinion, but
also of witnesses who have come forward in response to a general invitation of
the fullest and freest character. They believe that, in that evidence, public
opinion has been as completely set forth, and the views of all classes as to the
need of reform and the principles on which reform should be effected have been
as fully represented, as possible. They have carefully discussed with represen¬
tative witnesses of all classes both the causes which have conduced to the pre¬
vailing defects in the police administration and to the present attitude of the people
towards the police, and also the various remedial measures which have occurred
or been suggested to them. They have carefully considered all the evidence
before them at special meetings held for that purpose at the close of their tour
in each province, and at a series of meetings held at Simla on the conclusion of
their inquiry. The result of their labours and deliberations is now submitted in
this report. They are unanimous in their views and in their proposals, except
that the Maharaja of Darbhanga differs from them on two points to which refer¬
ence has already been made. There can be no doubt whatever that the evidence
laid before the Commission has fully established the necessity for the inquiry
which has been instituted. The police force is far from efficient; it is defective
in training and organisation ; it is inadequately supervised ; it is generally
regarded as corrupt and oppressive ; and it has utterly failed to secure the con¬
fidence and cordial co-operation of the people. The proposals for reform sub¬
mitted by the Commission are not, however, of a revolutionary character. They
do not involve a complete subversion of the present system, though they aim at
its radical amendment. They consist mainly in suggestions for the maintenance
and development of indigenous local institutions so as to obviate the vexatious
interference of the police in cases of little importance and to promote the co¬
operation of the people with the police in those of a more serious character; for
the restriction of the lowest classes of officers to the discharge, under closer
supervision, of those more mechanical duties for which alone they are qualified ;
for the conduct of investigation by trained officers drawn from the better educat¬
ed and more respectable classes of the community ; for inspection of police
w^ork by carefully selected and trained officers of capacity and tried integrity ;
for supervision and control by the best European and Native officers available ;
and for organised and systematic action against organised and professional
crime. They aim also at the removal of abuses which have been brought to
light in connection with police work ; at the employment of native agency to
the utmost extent possible in each province without seriously impairing the
efficiency of the service; at the attraction to the service of good Native officers
by offering them suitable position and prospects ; at the recruiting of superior
European officers of a higher class and insisting on their coming more into
touch with the people ; and at the adoption on the part of the whole force of a
more considerate attitude towards all classes of the community so as to secure
as far as possible the confidence and co-operation of the people. The Commis-

sion are not sanguine enough to believe that their proposals, even if fully adopt¬
ed, will result in the immediate removal of all cause of complaint. These
reforms can in any case be only gradually introduced ; and years must pass
before their full effects are realised. Inferior men have to be got rid of in all
ranks ; and evil traditions have to be broken in the force. The attitude of the
people towards the police, and public opinion in regard to unrighteousness and
corruption, have to be raised. All this must be, before the objects aimed at
can be satisfactorily achieved. Of this the Commission are fully aware ; and the
members can hardly expect themselves to see the full introduction of all the
reforms they propose, still less to see their full results in improved police ad¬
ministration. But even a generation of official life is a short period in the life
of a people ; and the Commission believe that, before that period expires, very
substantial advantages will have resulted from reforms carried out somewhat on
the principles they recommend. What is required is the definite adoption of a
policy based on such principles, and determined persistence in giving it effect.
The Commission are confident that the recommendations they make, if accepted
and persistently enforced, will result in inestimable advantage. They are en¬
couraged in their confidence by the result of the application of similar principles
in England. The Report of the English Police Commission, presented to
Parliament in 1839, contains a melancholy picture of the state of the English
police and of the attitude of the people towards them. The principal remedies
proposed in that report are very similar in aim to some of those now submitted to
the Government of India ; and the comparison of the state of the English police
and their relations with the people now with those of sixty years ago give great
ground for hope. The Commission are encouraged also by their own experience,
as well as the evidence they have received, of the great improvement in the
Indian Judicial and Revenue Departments, where principles such as some of those
which they advocate have been applied. The character of the officers has been
raised; the whole tone of the services has been improved ; the confidence of
the people is being more and more secured ; and public opinion itself is higher
in respect of the matters with which these officers deal. The Commission, there¬
fore, make their recommendations in a hopeful spirit. They realise that they
involve large expenditure ; but they feel that the police department, which so
nearly concerns the life of the people,*has hitherto been starved ; that the reforms
they propose are absolutely essential ; and it is well worth while to pay for them
the price required.

A. H. L. FRASER, President.

E. T. CANDY, 1

RAMESHWARA SINGH*

(,Maharaja of Darbhanga),

S. SRINIVASA RAGHAVAIYANGAR, \ Members.
J. A. L. MONTGOMERY,

W. M. COLVIN,

A. C. HANKIN,

II. A. Stuart, Secretary .

Simla ,

Jhe 30th May 1903.

* Signed subject to Note of Dissent appended.

NOTE OF DISSENT BY THE HON’BLE THE MAHARAJA OF

DARBHANGA, K.C.I.E.

Separation of Judicial and Executive Functions.

I have not considered myself justified in withholding my signature to the
Report which embodies the views of the majority of my colleagues. I entirely
concur, with a few exceptions, in the views arrived at by them, and I trust that
the results of this Commission will be of great advantage to the people and
to the Police Administration. But there are two points on which I consider it
my duty to place separately on record the opinion at which I have arrived and
which I believe to be shared by the great majority of my fellow*-countrymen. The
first point refers to the manner in which reform should proceed in the matter of
the relations of the Police Department as a whole with the District Magistracy.
My remarks are generally based on the working of the present system. I grate¬
fully acknowledge the great advance made by my colleagues in the scheme
enunciated in paragraph 123 of chapter VI of the Report. I recognise that if the
District Magistrate is to retain his power of supervision over the police the
scheme sketched will be very superior to the present one. Among other things
the Commission recommends—

(a) restrictions of unnecessary interference in ordinary police work or
investigations on the part of the District Magistrates ;

(£) responsibility of the District Magistrate to Government for the way
in which he exercises his discretion in the matters of interference
and supervision of the work of the police as well as that of the
Subordinate Magistrates;

(e) the affirmation of the principle that the thief-catcher should not try
the thief and that the District Magistrates should not, as a rule,
try or interfere with police pases ; and that cases in which he is
interested, or in which he has assumed the part of the police
officer, should be sent by him to be tried by a Magistrate of the
first class;

( d ) the decision to improve the Subordinate Magistrates, with a view
to make them more alive to their proper sense of duty and
less prone to be unduly influenced by their desire to follow what
they may fancy to be the wishes of the District Magistrate or
Subdivisional Officer.

If the Local Governments see that these principles are properly enforced,
we may confidently hope that there will be fewer cases of ,abuse in future and
that there will arise a better feeling of confidence in the magistracy in the minds
of the people of India. I cannot conceive a more effective system if the
District Magistrate and police are to remain connected. I regret to state,
however, that I cannot accept the principle. My experience in Bengal leads
me to believe that it is essential to sever the connection and, on that ground,
I must beg leave to differ from the decision arrived at by my colleagues in the
Commission.

153

2. Having regard to the actual working of the present system, it is hard to
see how approval can be accorded to an arrangement under which the District
Officer is at one and the same time the head of the police and the head of the
magistracy. It is the duty of a District Officer, as matters now stand, to watch
the investigation of the more important cases, to instruct investigating officers
to read police reports and papers as they come in, and finally to decide whether
a case should or should not be sent up for trial. There is a strong feeling in the
country that it is not fair to an accused person, when his case has been so dealt
with by the District Officer, to place him for trial before one of that District
Officer’s subordinates. It may be said that the mere fact of a District Officer
forming and expressing a strong opinion regarding a case does not produce any
effect upon the mind of the subordinate trying the case, although he may be
well aware of the nature of that opinion. But so long as human nature remains
what it is, this can hardly be so in the immense majority of instances. Cases,
moreover, have frequently occurred, and have often come up before the High
Courts, which show that this combination of the duties of the police and the
Magistrate leads to failure of justice, and, what is still more regrettable, makes
the entire administration less popular than it should be. And it is a matter of
general belief in the country, that under the present arrangements many
Subordinate Magistrates cannot and do not discharge their judicial duties
with that degree of independence which ought to characterize a court of
justice. Several schemes of reform have been placed before the Commission;
objections may be, and no doubt will be, taken to all of them; but are
they of sufficient importance to warrant the rejection of these schemes and
the continuance of an admittedly unsatisfactory system ? They may be divided
under two heads, and succinctly put, they amount to no more than this :—Either
make the District Officer the head of the police or make him the head of the
magistracy, but do not make him the head of the police and the magistracy at
the same time.

3. The most important as well as the simplest of these schemes has been
embodied in a memorial recently submitted to the Secretary of State for India
by a number of influential gentlemen of great judicial experience, and forwarded
by him to His Excellency the Viceroy for consideration. The scheme proposed
in this memorial may be described in a few words. Under the existing arrange¬
ment, the subordinates of the District Officer perform both revenue and judicial
work. By a redistribution of work it is suggested that some of them should be
employed exclusively on revenue and executive work, and others exclusively on
judicial work, and that these last should be the subordinates of the District and
Sessions Judge, and not of the District Officer. By this arrangement the
District Officer would still remain the chief revenue officer, the chief executive
officer and the chief police officer in his district: while the District Judge
would be the head of all judicial officers, civil and criminal.

4. Under this scheme the District Superintendent will continue, as at present,
to act under the direction and control of the District Officer: and between them
they will be, as at present, responsible for the peace of the district and for the detec*
tion and investigation of crime. It is undoubtedly a fact that the enormous amount
of police and revenue and miscellaneous business for which they are responsible
renders it next to impossible for them to find sufficient time for the proper discharge
of their criminal work, original and appellate. These observations apply with equal,

i54

if not with greater, force to Subdivisional Officers in Bengal, w r ho try all first class
cases within their subdivisions, are at the same time overwhelmed with miscel-
laneous business, and are expected in addition to spend a considerable portion
of each year in camp. Nor do the disadvantages of the present system end here.
I have already referred to the demoralization of the subordinate magistracy which
has been brought about by the present system: but there is also the effect upon
the Magistrate himself to be considered. As Lord Hobhouse and his fellow
memorialists have pointed out, very justly and temperately, in the memorial to
which I have referred, an executive officer does not adequately discharge his
duties unless his ears are open to all reports and information which he can in any
degree employ for the benefit of his district. He cannot be expected to divest
his mind of all that he has learned in his executive capacity when he is called
upon to transform himself into a judicial functionary and try prisoners whose
antecedents he has learnt from other sources. In England it is universally
recognized that neither judge nor jury can impartially hear or adjudicate upon a
case unless they can bring an absolutely unbiassed mind to bear upon the facts.
The system which prevails in India renders this well-nigh an impossibility in the
ordinary mofussil criminal case: and I fear I cannot assent to the proposition
that it is just this possession of previous knowledge by the Magistrate which
enables him to come to a satisfactory decision. It appears to me to be based
on a misconception of the magisterial function. A Magistrate and an appellate
Judge stand on an altogether different footing. The end in view in an original
criminal trial is the determination of the culprit’s guilt or innocence upon the
evidence adduced and placed upon the record. The duty of the Appellate Court,
on the other hand, is to enquire whether the lower tribunal has rightly decided
the issue on the law and the facts as fully presented by the parties : and the
fact that the Appellate Judge has the decision of the lower Court before him
before he approaches his consideration of the matter, is a very different circum¬
stance from the trial of an offender by an officer who has been directed in police
enquiry from the beginning or is subordinate to that officer.

5. When I say that the man who tries a case and controls the subordinate
magistracy should not be in close touch with the police and should not be the
officer wffio has been directing the preliminary enquiries on behalf of the prosecu¬
tion, I am not enunciating a counsel of perfection. So long ago as 1838 Sir
Frederick Halliday observed with old-fashioned directness of speech : “The
union of Magistrate with Collector of Revenue has been stigmatised as incom¬
patible ; but the junction of thief-catcher with Judge is surely more anomalous
in theory and more mischievous in practice.” That Sir Frederick Halliday
receded in 1856 from this position does not, in my humble judgment, impair
the significance of his language; for with the full knowledge of his revised
views, the Police Commission of i860 recommended that “as a rule there
should be complete severance of executive and police from judicial functions ”
and this recommendation itself had been suggested by the Government
of India, who in their instructions to that Commission took care to point out
that, “ above all, the golden rules should be borne in mind that police functions
are not to be mixed up or confounded, and that the active work of preventing or
detecting crime is to rest entirely with the police and is not to be interfered
with by those who are to sit in judgment on the criminal.” As a matter of
temporary convenience the Commission of i860 recommended an exception to
the rule in the case of the District Officer; and it is worth recalling that Sir

>55

Bartle Frere in the Legislative Council of the time expressed a hope that, as the
exception was based upon “ prejudices of long standing,” the principle adopted
by the Police Commission would at no distant date be fully and completely
carried out.

6. A second scheme which is designed to relieve the District Officer of the
headship of the police, is supported by the high authority of Sir Henry Prinsep,
who has in his evidence before the Commission declared himself to be “ in favour
of creating a separate Police Department quite independent of the control of the
Magistrate save in respect of the prevention of a breach of the peace.” As
matters now stand, however, there seems to be a general consensus of opinion
that the present class of District Superintendents are incapable, as a rule, of
working the police successfully without the control and help of the District
Officer: and it will be necessary, before any such scheme can be adopted with
success, to revise the examination regulations so as to ensure the recruitment of
men who have some recognised test of high educational proficiency which I
should not myself place much below the level of the Examination for the Civil
Service of India and the Colonies. But if this is done, and I am in cordial
agreement with my colleagues in hoping that it may be done, I am bound to say
that I can see little or no objection to the proposal. The arrangement in the
mofussil will then correspond to that by which the Commissioner of Police in
Calcutta is in independent charge of the Calcutta Police. The work of the Police
Commissioners will be supervised by Inspectors-General and Deputy Inspectors-
General, and under them will come the Assistant Superintendents and the body
of Inspectors and Sub-Inspectors. I believe that the scheme is not one which
appeals to educated opinion in the country as more satisfactory than the scheme
of placing all judicial officers under the Judge of the district: but it is a consider¬
able improvement in the present state of affairs : and rather than see nothing
done, I would welcome its adoption.

7. If the Commission’s proposals are carried out, the District Superintendent
of Police will be a more powerful and independent man in the future. The
Divisional Commissioner will have no power of supervision over his actions. In
his administrative work he will be semi-independent of the District Magistrate.
He will have a larger and more influential subordinate agency under him. If, in
addition, he has the support of the District Magistrate, his power will be well-nigh
irresistible, and individuals will be helpless to protect themselves whenever they
have the District Superintendent of Police against them ; while the Subordinate
Magistrate will be, if anything, more reluctant to act against the wishes of the
police.

8. It may be said that the withdrawal of magisterial supervision from the
work of the Deputy Magistrates may make that work more inefficient. In reply
to this it may be pointed out that the Sessions Judge will inspect their work,
while the District Superintendent of Police (who will be a more independent and
able man than at present) as well as the District Officer will keep a watchful eye
upon them and will bring to light any defect in the manner in which they may
discharge their duties.

9. I would repeat my conviction that the time has come for a change in the
present system. Reform in either of the forms sketched is perfectly feasible. I
apprehend that no practical difficulty need be felt in putting the scheme into
operation in the more settled provinces of India.

The great merit of the proposed reform is that it is likely to bring the Dis¬
trict Officer more in touch with the people. So long as he is the chief Magistrate
and also the chief Police Officer, the people will look upon him with a justifiable
suspicion as the policeman, the prosecutor, and the judge. But relieved of his
magisterial functions, he will stand forth as the administrator, the friend, the
representative of the people, fostering their village unions, superintending roads,
water-supply, and sanitation, and accepting the co-operation of the people them¬
selves in the management of their concerns. The entire body of well-informed
public opinion in this country looks forward to this reform, and demands that all
judicial work, civil and criminal, should be left to the Judge, and that all execu¬
tive and revenue work be left with the District Officer. And I think it will be a
graceful concession to the wishes of the people, and a real reform in general
administration as well as in judicial and police work, if the scheme proposed in
the memorial of Lord Hobhouse and colleagues can be adopted. 1 honestly
believe it will make British Administration more popular in India.

RECRUITMENT OF SUPERIOR OFFICERS OF THE POLICE.

10. The second point on which I would make a few observations refers to
the recruitment to the superior ranks of the police force. I congratulate my
colleagues on the liberality of their views and the advance they have made in
this matter. 1 recognize that each Local Government should decide the matter
according to the circumstances of the province ; but I must regard it mainly
from the Bengal point of view, not, for example, from so different a province as
the Punjab or the North-West Frontier Province. I consider it my duty
to mention that there is an extremely strong feeling among Indians that recruit¬
ment should be made by means of open competition both in England and in
India, without distinction of race in either case. Provision should be made for
the promotion to the ranks of Assistant and District Superintendent of a small
number of deserving Inspectors ; but there should be a certain limit to these
appointments, which should be defined and carefully adhered to; and leaving
these few appointments, the higher police service should be recruited entirely by
open competition.

11. The proposed distinction between the appointment of European Assistant
Superintendents by examination held in England and of Indian Deputy Superin¬
tendents by selection or competition in India is not likely to commend itself to
the people of India. All our past experience shows that when the same kind of
work is required, the same method of admission answers best. We require
Englishmen as well as Indians in the higher ranks of the police in the interests of
good administration ; and we require from both classes of men the same qualifica¬
tions, intelligence and capacity for work, knowledge of and sympathy with the
people, self-reliance and resourcefulness, sober judgment and promptitude. That
being so, a uniform method in admission is best calculated to secure these
objects; a distinction made will needlessly degrade one class of officers in their
own estimation and in the estimation of the people. Sympathising entirely
with the object of my colleagues to secure a class of Indian officers who will be
in touch with the Indian people, and at the same time qualified eventually to act
in independent charge of districts, I submit that this object can be best secured
by a uniformity in the method of recruitment and by the effacement of all distinc.
tions between class and class. To create a separate grade for Indians would not
adequately secure the two-fold object we have in view, viz., to bring police

iS7

administration more in touch with the people, and to secure a class of self-relying
and capable Indian officers. Deputy Superintendents of Police, marked off by
their nomenclature and by their method of appointment from the other officers of
the higher police service, will fail to bring their full influence to bear on police
administration, and will also, I am atfraid, be slow to acquire those virtues of self-
reliance and promptitude so essential in an officer holding charge of a district.

I concur, however, in the views of my colleagues that the salaries of statutory*
natives of India should be two-thirds of the salaries of officers imported from Eng¬
land. But I do not approve of any differences whatever in designation or class.

I hope that the difference of salary will make the proposal more acceptable to
Local Governments.

12. The object of the Indian Government has ever been to educate and elevate
the people of India and to make them fit,for positions of trust and responsibility.
The proposals of my colleagues are in consonance with this object, and are
intended to give the people of India a larger share in police administration. I
have therefore thought it my duty to point out at the outset the risk of failure
which we incur, unless we try this new experiment in a spirit of full trust and
confidence in the people, which alone can elevate them. At the same time,

I gladly recognize that the proposed scheme as put forward by my colleagues is a
great improvement on the existing state of things. A few senior Inspectors
occasionally made Assistant Superintendents, almost at the close of their service,
cannot, and do not, influence the police administration of the country to any
marked extent, nor are the selections made always happy. The appointment of
qualified and educated young men as Deputy Superintendents at the commence¬
ment of their service would undoubtedly benefit the police administration to a
larger extent. But if this scheme be adopted, and my recommendation for making
all appointments to the higher police service by one uniform method be for the
present not sanctioned, I can only hope that the number of Deputy Superintend¬
ents appointed each year should not, for the present, be less than one-third the
number of Assistant Superintendents selected in England; the number to be
gradually increased to one-half if the experiment proves successful. We all
honestly desire to combine European discipline and methods of work with the
Indian’s intimate knowledge of the habits and manners of his own people ; and this
object can be secured only by the selection of an adequate number both of
Europeans and Indians in the higher police service. There is great room for
improving the administration and making it more successful in this manner; and
I humbly conceive it would be wise statesmanship to thus bring it more in touch
with the Indian people.

RAMESHWARA SINGH,

The 30th May igog.

APPENDICES.

APPENDIX I.

Resolution appointing the Commission.

Nos. 510—527.

Extract from the Proceedings of the Government of India, in the Home Depart¬
ment (Police), under date Simla, the gth July igo2.

RESOLUTION.

The Governor General In Council has determined, with the approval of the
Secretary of State, to appoint a Commission to inquire into the administration of
the Police in British India.

2. The matters into which the Commission will inquire and report are—

(i) whether the organization, training, strength, and pay of the different

(ii) whether existing arrangements secure that crime is fully reported or

require to be supplemented in any way; and, in particular, whether
the village officers and the rural police in each province are effi¬
cient aids to the district police in the matter of reporting crime,
and, if not, how the relations between the former and the latter can
(subject to the condition that the rural police in each province must
not be enrolled under the Police Act) be improved ;

(iii) whether the system of investigating offences now in force in each

province, the object being to provide for the full investigation of
all serious crime, while avoiding interference by the police in trivial
matters, is capable of improvement, and, if so, in what manner;
and whether the institution of fully organized Criminal Investiga¬
tion Departments, either Imperial or Provincial, is recommended ;

(iv) whether the form of statistical returns now adopted is satisfactory or

capable of improvement, and whether the use to which such returns
are now put as tests of police working is appropriate or not;

(v) whether the general supervision exercised by the Magistracy over the

(vi) whether the existing organization of the railway police, its operation

as between provinces and states, and its connection with the dis*
trict police are in a satisfactory condition, and, if not, what im¬
provements can be effected; and

162

3. It is to be understood that, while in some matters, as, for instance, those
referred to under heads (iii), (iv), and (vi), it is important to secure unformity
throughout India, in others, and especially in those dealt with under head
uniformity is neither desirable nor possible ; and that what should be aimed at is
not mechanical symmetry, but due proportion with regard to such considerations
as the criminality of the people, the number and gravity^f the offences to be dealt
with, the density of the population, the area to be policed, and so forth.

4. The Commission will consist of the Hon’ble Mr. A. H. L. Fraser, C.S.I.,
Chief Commissioner of the Central Provinces, President; the Hon’ble Mr Justice
Candy, Puisne Judge of the Bombay High Court; the Hon’ble the Maharaja
of Darbhanga, K.C.I.E., Additional Member of the Council of the Governor
General; the Hon’ble Srinivasa Raghava Aiyangar, C.I.E., Dewan Bahadur,
Additional Member of the Council of the Governor of Madras ; the Hon’ble
Lieutenant-Colonel J. A. L. Montgomery, Member of the Council of the Lieuten¬
ant-Governor of the Punjab; Mr. W. M. Colvin, Barrister-at-Law of Allahabad ;
and Mr. A. C, Hankin, C.I.E., Inspector-General of Police in the Hyderabad
State. The Secretary of the Commission will be Mr. H. A. Stuart, Inspector
General of Police in the Madras Presidency. During the visit of the Commission
to each province where its inquiries will be conducted, a local member will
be appointed to the Commission by the Local Government or Administration,
in order to represent the views of the local authorities and to see that the
local circumstances and conditions are fully laid before the members of the Com¬
mission. The Local Commissioners will not be required to join in the prepara¬
tion of the final report.

5. In order to facilitate the inquiries of the Commission, and to ensure that
a definite and concise statement of the case as it presents itself to each Local
Government and Administration may be placed before the Commissioners in
anticipation of their inquiries, each Local Government and Administration should
proceed without delay to appoint a Committee, consisting of a District and
Sessions Judge, a District Magistrate, and District Superintendent of Police, in
the provinces of Madras, Bombay, the United Provinces, and the Punjab, and
elsewhere of a District Magistrate and District Superintendent of Police, to pro-
ceed to such districts as are considered most important from a police point of
view, and inquire into the matters set out in the heads of the order of reference.
The Bengal Government has recently made a local inquiry into the organization
of the police in that province, and the Government of India will therefore not
require a local Committee to be appointed in Bengal. The Government of India
are not aware that any other Local Government or Administration has recently
collected, by means of a similar inquiry, the material necessary to prepare
its case for presentation to the Commission, but in any province in which
this has been done, a local Committee need not be appointed unless the
Local Government or Administration desires to follow this course. It is not
intended that the Committees conducting these preliminary inquiries should

record any formal evidence or prepare a formal report. They should discuss
the questions referred for the opinion of the Commission orally on the spot,
taking particular care to ascertain the views of non-official natives of India
on them. On the completion of their inquiries they should present a statement
of the case into which the Commission is to inquire for the consideration of the
Local Government or Administration. This statement would describe the exist¬
ing arrangements in each province under each of the heads of reference; note the
defects which had been brought to the notice of the Committee and the remedies
which had been proposed ; suggest the officials and non-officials that would be
most able to assist the Commission in the capacity of witnesses; and while
avoiding the discussion of either defects or remedies (beyond noticing the degree
of importance attached to each by public opinion generally), serve as a summary
of the case for inquiry to be placed, together with the views of the Local Govern¬
ment upon it, before the Commission for its information and assistance. It is
Intended that the Commission should assemble on the 15th of October, and it
is necessary that the Committees to undertake these preliminary inquiries should
be appointed and set about their business without any delay, since the provin¬
cial statements of the case should reach the Government of India in time to be
placed in the hands of the members of the Commission before they enter upon
their labours.

6. The general inquiry will be public, and its conduct and the regulation of
the course of business are entrusted to the President in communication with the
members. The inquiries of the local Committees will place before the Commission
valuable information as to the witnesses who may be expected to assist it in its
work, but this arrangement is not intended to limit the Commission in the selection
of any witnesses whom it may desire to examine. The Governor General in Coun¬
cil leaves it to the President to determine the procedure to be adopted in obtaining
and recording evidence. The Commission, through the Secretary, acting under
instructions from the President, will correspond directly with Local Govern¬
ments. The Governor General in Council desires that all communications or
requisitions for information emanating from the Commission may be treated as
urgent and complied with promptly, and that, in each province which the Com¬
missioners visit, they may be afforded every facility for prosecuting their
inquiries.

Order. —Ordered that a copy of this Resolution be forwarded to all Local
Governments and Administrations, and to the President and Members of the
Commission, for information and guidance.

Ordered, also, that the Resolution be published in the Supplement to the
Gazette of India .

J. P. HEWETT,

Secretary to the Government of India,

164

APPENDIX II.

Particulars of Witnesses and Sittings,

—

No. of persons from
whom replies to
questions were
received.

No. of those in
column 3 who
were examined
orally.

No. of persons ex¬
amined orally who
sent no replies
to written ques¬
tions.

Total No. of wit¬
nesses examined.

No. of public sit¬
tings.

Places at which sittings
were held.

Madras ...

Madras, Madura and
Calicut.

Bombay

aBfl

Bombay and Karachi.

Bengal ...

i 47

Calcutta, Dacca, Cut¬
tack and Patna.

United Provinces

104

ifel

Allahabad, Benares,
Lucknow and Agra.
Lahore and Delhi.

Punjab

Burma ...

Rangoon and Manda¬
lay.

Central Provinces

...

Jubbulpore and Nag¬
pur.

Assam

Gauhati and Dacca
(for Surma Valley
witnesses).

Hyderabad As¬

signed Districts. !

•a •

Hyderabad and Nag¬
pur.

North-West Fron¬
tier Province.

•*«

Peshawar.

Total

683

244

35 !

279

5 °

APPENDIX III.

Training Schools for Constables.

Course of Instruction.

The course of instruction to be imparted at these schools should embrace
the following subjects

(a) Drill.

(b) Elementary law and procedure.

(d) Conduct of police officers towards the public.

The course should extend over a period of six months, and the recruits
should be despatched from the districts where recruited to the schools every
month, so that final exminations after training will occur monthly.

For the purpose of this training a catechism of elementary law and procedure
will be necessary, and this might well be the same for all provinces, as these rules
are essentially the same throughout India. The differences occurring in pro¬
cedure under certain local and special laws could be met by addenda being made
to the general catechism by each Local Government.

The training in drill should be the same throughout all provinces and a
general text-book would be advisable.

Establishment.

(a) The Principal of each of these schools should ordinarily be an officer
of the rank of Assistant or Deputy Superintendent.

(i) The drill instructors should be an Inspector in charge, with assistants
of the rank of head constable, one assistant drill instructor being provided for
every forty recruits under training.

(c) For the teaching of law and procedure an Inspector would be required
as chief instructor, with assistants of the rank of Sub-Inspector in the same
proportion as with drill instructors, i.e., one to every forty recruits.

(d) There should be two buglers for each school.

( e ) There should be one sweeper and one water-carrier for every forty men
under training.

(/) With considerable bodies of men collected together, a hospital would be
required and should be provided, with a hospital assistant in charge and a
compounder.

Cr) For the purpose of instruction in drill, rifles will have to be maintained
at each school, and this will necessitate the entertainment of an armourer and a
bellows-boy to repair and generally look after these arms.

(k) The clerical establishment should be one clerk-accountant on average
pay of about Rs. 46 per mensem, it being understood that the instructors may
be utilised to a large extent in the disposal of the scriptory work of the school.

Accommodation.

The accommodation to be provided at each school would consist of—

(a) Barracks; (b) Class-rooms; (ff) Residences for the Principal and
the Instructors; ( d) A gymnasium ; ( e ) Accommodation for the
menial staff; (/) Cook-rooms; (g) Latrines; ( h ) Hospital; and
(0 A model Police Station.

167

APPENDIX IV.

Provincial Training Schools.

Course of Instruction.

I. Law including :

(a) The Police Act.

( 3 ) The Indian Penal Code.

(f) The Evidence Act.

(d) The Criminal Procedure Code, as far as it relates to the action of
the police regarding arrest, search, investigation, inquests, dealing
with riots, etc.

(<?) Local and special laws, so far as they concern the police.

II. Police Pules of the province, so far as they relate to executive work.

III. Miscellaneous :

(a) Elements of Medical Jurisprudence.

( 5 ) The training of the powers of observation, and instruction regarding
precision and accuracy in giving evidence.

(d) Instruction on the subject of the conduct of the police towards the

public.

( e ) Plan-drawing.

(/) The taking of finger-impressions.

(g) Drill: squad and company drill; manual, firing, bayonet, and phy¬

sical exercises ; guard duty, etc., etc.

(h) Equitation.

(i) Transliteration for English-speaking students.

IV. Practical work .-

(a) Case work ; including the recording of the first information ; compil¬
ing of diaries; and preparing final reports, etc.

(£) Practical work of a station-house officer other than case work; such as
the care of arms, kit inspection, etc.

(d) Methods of detection, as illustrated by actual cases.

(e) The use of confessions and approvers.

(/) The prosecution of cases.

(g) The treatment of old offenders, including instruction regarding jail
parades.

Note.— Probationary Assistant Superintendents will also receive instruction in a vernacular of the province.

Establishment.

{a) A Principal of the rank of Superintendent of Police.

(b) For purposes of {instruction in drill:

A head drill-instructor who should be a British military non-commis¬
sioned officer, graded as a Reserve-Inspector, and, as far as
practicable, competent also to teach equitation.

Assistant drill instructors of the ranks of head constable, with one
chief assistant of the rank of Sub-Inspector, there being one
such assistant to every 40 men to be trained.

missioned officer, graded as a head constable.

An establishment of horses should be maintained, in the proportion,
say, of one horse to every five pupils.

Assistant Superintendents (probationers) under training would
provide their own horses.

(d) For instruction in law and procedure the staff necessary would be—

1. One head instructor of the rank of Inspector, to supervise gene¬

rally, and also to take part as an instructor.

2. Other assistant instructors, all of the rank of Inspector, in the pro¬

portion of one to every twenty pupils, this proportion including
the head instructor.

3. There should be, moreover, one fully qualified and competent

instructor for each language to be learnt (in most provinces
more than one) for the purpose of teaching Probationary Assist¬
ant Superintendents, and these men should be provided by
Government, stress being laid on the necessity for real effi¬
ciency.

(e) Two buglers.

(/) An adequate staff of menials would be required, including sweepers
and water-carriers.

(g) The clerical establishment should consist of one clerk-accountant on
a salary of Rs. 50 per mensem.

Note.—A s the Probationary Sub-Inspectors and Inspectors can make their own arrangements for cooking no
provision of cooks is necessary.

Buildings.

The buildings should include, in addition to accommodation for the pupils,
residences for the Principal and the members of the staff. Wherever it is
possible to do so, there should be a mess house, with residential quarters, for the
Probationary Assistant Superintendents. The Provincial School will usually be
combined with one of the Central Schools for constables, but it is essential that
separate accommodation be provided for the pupils of the two institutions both
as regards quarters, class-rooms, recreation-rooms, and hospitals.

169

APPENDIX V.

The Madras Black Marks Rules.

(Extract from the Madras Police Manual.)

334. The following is the system of punishment by black marks which
is now in force

(i) Together with every punishment, whether by fine, reduction or
suspension, one black mark may be awarded at the discretion of the officer
ordering the punishment. It should, however, be understood that except for
very petty offences, whenever a fine is inflicted, a black mark should also be
awarded.

Provided that reduction under the black mark system shall not itself carry
a black mark.

(ii) One black mark may also be awarded in lieu of other punishment.

(iii) Not more than one black mark shall be awarded for any one offence.

(iv) Three black marks shall entail reduction of class or grade where such
reduction is possible, and such reduction shall cancel the black marks. As
regards second-class constables, where no reduction is possible, the three black
marks will stand and the men will be warned that the award of three more will
entail dismissal.

(v) Unless the offender is specially exempted by the Deputy Inspector-
General of Police, six black marks shall entail dismissal.

(vi) Uninterrupted good conduct for a period of three months spent on duty
shall cancel one black mark, and each successive period of three months unin¬
terrupted good conduct shall cancel one black mark, provided that twelve
months’ uninterrupted good conduct shall cancel all black marks.

(a) A reduction in grade shall cancel all black marks outstanding against
the individual, even though the reduction may not be under the
black mark rules.

(vii) Black marks, whether awarded alone or in addition to other punish¬
ments, shall take effect from the date of the offence unless otherwise stated.

(viii) The existence of one or more black marks against a man shall bar
promotion, but not leave.

(ix) When a black mark is awarded, the order and the copy thereof fur¬
nished to the delinquent shall state the number of black marks outstanding
against such delinquent, and a warning shall be added, when recording two or five
black marks, that the next will entail reduction or dismissal, as the case may be.

(x) The above rules must be strictly enforced, provided that in any
case in which the officer awarding the black marks considers that the application
of the rules will result in hardship to the offender, he shall refer the case for
orders.

(xi) Care must be taken not to award a black mark on every occasion on
which it may be necessary to warn or reprimand an officer. A black mark
should only be given when, but for these rules, a fine would be imposed. Black
marks have a definite power of withdrawing good-conduct allowance. So the
exercise of great care in awarding them is necessary.

APPENDIX VI.

Draft Rules for regulating the Relations between the District

and Railway Police.

(i) The District police stations shall, as far as possible, depute one or more
constables in plain clothes to railway stations within the area of their jurisdiction
to watch for the arrival or departure by the railway of known criminals or
suspicious characters. Such constables shall report themselves to the railway
police officer travelling in passenger trains, who will enter their names and any
information they may communicate in his Train Diary Book. Any information
received from the travelling railway police officer will be communicated by the
plain clothes constables to their station-houses.

(ii) The railway police will depute a literate police officer of or above the
rank of constable to accompany each passenger train. He will maintain a “ train
diary ” in which he will record information connected with cognizable offences,
movements of bad characters and suspects and other matters prescribed by his
superior officers.

(iii) Each railway police station and each district police station through
the jurisdiction of which the railway passes should maintain a Minute Book in
which requests and suggestions received by |the district and railway police
respectively should be entered, together with the action taken thereon. Such
Minute Books should be examined frequently by the superior officers of the
railway and district police respectively, in order to ensure that proper action is
taken.

(iv) Superintendents of railway police should keep in close touch with the
District Superintendents through whose jurisdiction their lengths of railway run,
and should meet them periodically in order to arrange for satisfactory co-opera¬
tion and harmonious working between their respective subordinates.

(v) Superintendents of Railway Police should also keep in touch with
District Magistrates and see that their own staff show proper deference to the
district authorities.

(vi) It is not necessary that other than serious crime, the definition of which
must vary according to local circumstances, occurring within railway limits should
ordinarily be reported to the district police. But all serious crime, including
offences of which special reports have, under the Provincial Police Orders, to be
submitted by district police stations, should be specially reported at once by the
railway police to the District Superintendent and to the District Magistrate.
The use of the telegraph for these reports is advisable in cases in which delay
would otherwise ensue.

(vii) District Magistrates should from time to time examine the registers of
railway police stations within their districts and record remarks on such examina¬
tions in the inspection book of the station. The Superintendents of railway
police should see that proper notice is taken of such remarks.

(viii) Confidential reports on Inspectors and Sub-Inspectors of the railway
police should be forwarded to District Magistrates for the record of their opinion
on those officers.

(ix) The railway police staff should be responsible for the prosecution of
railway police cases, but if they ask for the services or assistance of the District
Prosecuting Inspector this officer should comply with their request.

1 7 *

APPENDIX VII.

Rules regarding the Registration and Surveillance of Bad

Characters.

In order to deal effectively with crime it is necessary to have a continuous
Tecord of the criminal history of individuals and localities. To secure this there
will be maintained for each village a Village Crime Note-book, which combines
a conviction register with history sheets of persons of doubtful character. A
specimen note book is attached with a few rules for the guidance of station-house
officers.

The advantages of the plan are as follows

(a) There will be a permanent record of the crime and criminals for each

village.

(b) No action will ordinarily be taken against either a suspect or an ex-

convict under the preventive sections of the Criminal Procedure
Code, until, his history sheet shows that th&re are sufficient grounds
for proceeding against him.

and information will be collected about them ; but they will not be
considered to be under police surveillance until their names have
been entered in the special register for that purpose.

w Orders for formal surveillance will be passed only by the Superin¬
tendent, or his Assistant; and as the number of men under sur¬
veillance will not be large ( i.e ., only the notorious bad characters),
it will not be too great a burden to put on the village authorities
to expect them to report their movements to the police.

2. These village note-books will be confidential documents, kept by the
station-house officer, who will be responsible for their contents. If in any part
of India the village is considered too small a unit, a larger one can be adopted,
e.g., the panchayat union in Bengal. But the books should not be too bulky.
Ordinarily it will be best to have a separate book for each village.

3. While there will be a separate note-book for each village, or larger unit
as the case may be, there will be one Surveillance Register for each police
station. Entries will be made in the latter only by the Superintendent, or by
his Assistant, if empowered to do so. This will also be a confidential register, and
will be kept by the station-house officer. It will be merely an index of the names
of men placed under surveillance. Details of their movements will continue to
be written in the history sheets.

4. Suspects and convicts need not be treated separately, except so far as
the fact of a conviction for a certain class of offence may render the convict
liable automatically to police surveillance.

5. No one will be placed under surveillance until his name has been entered
in the Surveillance Register by order of the Superintendent or his Assistant; and
no name will be entered therein of a mere suspect, unless there are strong
grounds of suspicion against him. Reputed receivers of stolen property are not

172

often convicted, but they should be watched ; and if the history sheet establishes
a strong case against a receiver, he should be placed under surveillance.

6. To secure the most complete co-operation between districts and provinces,
information of the movements of bad characters must be communicated promptly.
There should be printed forms of Bad Character Rolls in diglott (English and
the vernacular of the district), and immediately information is received of the
departure or arrival of a bad character one of these rolls should be filled up and
sent to the police station to which the bad character is believed to have gone, or
from which he is said to have come. If intimation is thus promptly sent and
acted upon, much valuable information will be gathered of the movements of bad
characters.

When a Bad Character Roll is sent outside a province the English counter¬
part should always be filled in.

Instructions for the maintenance of the Village Crime Note-hook and the Sur¬
veillance Register.

Village Crime Note-book: Part III.-— Conviction Register.

The following offences will be entered in the Conviction Register:

{For the purposes of section 75, Indian Penal Code.)

Chapter XII, Indian Penal Code.—K\\' offences except those punishable
under sections 241, 254 and 262.

Chapter XVII , Indian Penal Code —

Sections 379 to 382.—Theft of all kinds.

Sections 384, 386 to 389.—Extortion of all kinds except section 385.

Sections 392 to 394, 397 and 398.—Robbery of all kinds.

Sections 395, 396, 399, 4c>2.-*Dacoity of all kinds.

Sections 400 and 401.—Belonging to a gang of thieves or dacoits.

Section 404.—Dishonest misappropriation of property belonging to a
deceased person.

Sections 406 to 408.—Criminal breach of trust.

Section 409.—Criminal breach of trust by public servant.

Sections 411 to 414.—Receiving stolen property.

Sections 418 to 420.-—Cheating of all kinds, except simple cheating,’'sec¬
tion 417.

Sections 429 to 433, 435 to 440.—Serious mischief.

Sections 449 to 452.—House trespass in order to commit an offence.

Sections 454 to 458.—Lurking house-trespass or house-breaking other
than simple, section 453.

173

Sections 459, 460.—Grievous hurt or death caused in house-breaking.
Section 462.—Fraudulently opening a closed receptacle held in trust.

{For the purposes of sections 3 and 4 of the Whipping Act, 1884.)

Sections 193, 194, 195, Indian Penal Code.—‘Giving or fabricating false
evidence.

Sections 211, 377, Indian Penal Code.—False charge of committing an
unnatural offence.

Section 354, Indian Penal Code.—Indecent assault on a woman.

Section 376, Indian Penal Code.—Rape.

Section 377, Indian Penal Code.—Unnatural offence.

Sections 465 to 469.—Forgery.

{Oth'er offences.)

Sections 489-A to 489-D., Indian Penal Code.—Forgery of currency
notes and bank notes.

Section 3x1, Indian Penal Code.—Being a thag.

Sections 363 to 369, Indian Penal Code.—Kidnapping.

Section 461.—Dishonestly breaking open a closed receptacle.

Sections 109 and 110, Code of Criminal Procedure.—Bad livelihood.

Sections 3 and 4, Act III of 1867.—Gambling.

Section 9, Act 1 of 1878.—Opium smuggling.

Any other offences which the Local Government may consider of special
importance, owing to local circumstances, may be added to the list.

The necessary particulars regarding each conviction will be communicated to
the officer in charge of the police station by the office of the Superintendent
of Police.

Part IV.— History sheets.

History sheets should be prepared for all persons believed to be addicted to
crime. The conviction of a person for a heinous offence, such as robbery, dacoity,
serious burglary or receiving stolen property, would ordinarily be sufficient to justify
the opening of a history sheet. But the general rule should be that history sheets
should only be opened for persons whom there is reason to believe to be habitual
criminals or to be their aiders or abettors. For instance, if a person is suspected
of being a receiver of stolen property, or of being concerned in systematic cattle
theft, a history sheet should be begun, even if he has not been convicted. On the

1 74

other hand, if a man Has been convicted of house-breaking and there is reason ta
believe that the offence, though house-breaking, was committed in an intrigue with
a woman, not for the purposes of theft, no history sheet would ordinarily be-
opened ; and in no case should a history sheet be prepared of a person who has*
been dealt with as a first offender under section 562, Code of Criminal Proce¬
dure.

Proceedings under section f 10, Code of Criminal Procedure, should ordin¬
arily not be taken until a history sheet establishes a case of bad livelihood. But
if security has in any case been demanded from a person under section 109 or
110, Code of Criminal Procedure, before the preparation of a history sheet such 1
a sheet should at once be opened.

In all cases the orders of the Circle Inspector must be obtained before
beginning a history sheet.

If any information favourable to an individual whose name has been entered 1
in a history sheet is obtained it should be duly recorded.

1 75

(All headings to be printed in English and Vernacular.)'

VILLAGE CRIME NOTE BOOK

VILLAGE.

POLICE STATION.
DISTRICT.

PART L

Population by Census of /p
No. of houses.

Names of outlying hamlets, with No. of houses in each .-

Revenue.

Principal Tribes.

Names of Headmen, other leaders, and Village Watchmen;

Headmen.

Other leading men.

Village Watchmen.

17 6

PART II.

Special notes

crime in the village as a whole as regarding individuals
whose history sheets have not been prepared.

Name.

*77

PART III.

Conviction Register.

Parentage

and

caste.

Date

coimction.

Offence.

Punishment

awarded.

Reference to
history sheet
if any.

Number.

178

PART IV.
History Sheet.

Number.

Name. |

Parentage

and

caste.

Age and
date of
entry.

Description.

If finger impres¬
sion, or photo¬
graph taken,
date of doing so.

Relations and connections.

Property and mode of earning livelihood.

Convictions.

History and movementsl

History and movements— (continued).

Rules for reporting the movements of Bad Characters.

(1) When a bad character whose name is entered in the Surveillance
Register leaves his home, it shall be the duty of the head of the village imme¬
diately to inform the officer in charge of the police station of the departure of
such person and his alleged destination, if known,

(2) The officer in charge of the police station shall at once fill in a Bad
Character Roll, Form A, and forward it by the quickest possible means, whether
by hand or by post, to the officer in charge of the police station within which is
situated the place to which the bad character is alleged or believed to have
gone. If the destination of the bad character is not known, a copy of the roll
should be sent to every police station to which there is any likelihood of his
having gone.

(3) A police officer who receives the roll shall at once acknowledge the
receipt of it and shall immediately take steps to ascertain whether the bad
character has arrived within the limits of his jurisdiction. If the bad character
is found, the police officer shall report the date and hour of his arrival,
the name of the person with whom he is staying and the names of any
persons with whom he associates, and he shall arrange to have his proceedings
watched in the same way as if he were a registered bad character of his own
station. If he has not been traced on the expiry of one week from the receipt of
the roll, the officer receiving the roll shall return it, with a statement to that
effect on the back of it, to the police station of issue.

(4) When the bad character leaves the limits of the station for his home
or elsewhere, the officer in charge shall forward the roll to the officer in charge of
the police station to which the bad character has gone, noting on the back of it
all the information regarding the individual’s movements which was collected while
he was residing within the limits of the station. If the bad character goes to a
police station other than that in which he is registered, the officer in charge of the
latter should be informed of the fact.

(5) If the village head hears of the advent of a suspicious stranger in his
village, it shall be his duty to question the person regarding his antecedents and
residence, and to send to the police station, with as little delay as possible, all
the information obtained by him.

(6) On the receipt of such information it shall be the duty of the officer in
charge of the police station to send a roll, with the utmost possible despatch, to
the police station within the limits, of which the stranger alleges that he resides.

( 7 ) On receiving such a roll the officer in charge of a police station shall at
once return it with complete information regarding the individual in question,
if he is a resident of that station ; while if he is not a resident, the roll should be
returned with a statement to that effect. In that case the officer who issued the
roll must take all possible steps to discover the identity of the stranger.

(8) The nature of the information received regarding the stranger will
guide the police officer as to the steps that should be taken, (0) either to
institute proceedings under section 109 or 110 of the Criminal Procedure Code,
or ( b ) to watch the movements of the stranger.

[Copy to be taken by carbon process. ]

Bad Character Roll.

Form A — Roll for reporting the absence or departure of a Bad Character.

Police Station____

District_Province_

Serial No. of Roll__

Name, parentage, caste, and descriptive marks of Bad Character.

No. in Surveillance Register and particulars of previous convictions.

Class of offences he commits.

Place to which he may have gone or is alleged to have gone and for what
purpose, with information as to his relatives and associates in such places.

Date and hour at which he left his village___

Date and hour of despatch of this Roll, and whether sent by hand or post.

Signed ___

Designation _____________

Date ___

Acknowledgment of Receipt.

[This should be torn off and returned immediately on receipt of Roll.]

Bad Character Roll (Form A), No. of Police Station_

District_____was received by me at A. (P.) M. on the

of igo . The person named therein has not* arrived in

the limits of this police station. Inquiries are being made.

Signed _

Des ignation __

Date _

* If the Bad Character has arrived, strike out the word “ not.'

in..

183

Information about the conduct of the Bad Character during his residence
____Police Station._

Signed.
Designation _

■S

Date _

184

Bad Character Roll.

Form B—Roll for reporting the arrival of a Suspicious Stranger.

Police Station -- --- --—

District._Province-

Serial No. of Roll- --- -

Name, parentage, caste, occupation and residence of stranger, and any
previous convictions admitted by him.

Descriptive marks.

Name of village and person with whom he is staying, with information as
to his conduct and associates.

Date of arrival.

Name of Police Station and village from which he alleges he has come.

Date on which alleges he left his village.

Date and hour of departure of stranger, with name of reporter.

Whether stranger is returning to his home or going elsewhere.

Date and hour of despatch of this Roll, and whether sent by hand or post.

Signed __ _ _

Designation ____ _

Date ________

Acknowledgment of Receipt.

Bad Character Roll (Form B), No. of Police Station_

District_, was received by me at A. (P.) M. on the

of 190

Signe d. . .

Designation _

Date __

Reply.

If the stranger is identified, full particulars regarding him should be entered
here and the Roll should then be returned to the police station of issue.

186

APPENDIX VIII.

Scheme of beat duty in Towns.

The essence of the scheme is that for each beat there must be six men.
Each watch or period of duty will be of four hours duration, and the work is so
distributed that every man will have one night in three in bed. This is shown
in detail in the following table, A, B, C, D, E, F, representing the six men serving
one beat:

187

APPENDIX IX.

Police Records in respect of which uniformity is desirable.

For the following Police Records the same forms could with advantage be
used throughout India«

1. First Information Book. —This is the book prescribed by section 154 of

the Code of Criminal Procedure. A form for it is appended. It
should be used for cognizable offences only ; in the case of non-
cognizable offences it will be sufficient if the substance of the
information is entered in the General Diary prescribed by section
44 of Act V of 1861.

2. Case Diary. —This is the diary prescribed by section 172 of the Code

of Criminal Procedure. It should be kept in a separate book, the
leaves of which should be of thin paper so as to allow of copies
being taken by means of carbon sheets, or the leaves may be of
ordinary paper, separate sheets of thin paper being used for the
copies, one of which will then be the original writing, while the
record in the book will be made by a carbon sheet. In any ■ case
the pages of the book should be stamped with consecutive numbers
to prevent any alteration in the original record. On the conclusion
of the investigation the pages relating to it should be torn out of
the book and filed together in the police station. These will take
the place of the present Case Diary Books.

Statements recorded under section 161 of the Code of Criminal
Procedure should not be entered in the Case Diary, but should be
written on separate sheets of paper and attached to the Diary
in which reference will be made to the fact that they have been
so recorded. It should be the exception to record statements
under section 161 : it will, as a rule, be sufficient to record (in
the Case Diary) the purport of the information givlh by each
witness.

.3. Charge sheet and Final Report. —The Final Report required by
section 173 of the Criminal Procedure Code may be of three kinds,
according as the police send a case up for trial, report that it is false,
or report that they have not succeeded in detecting it. In the
first case, the Report should be called the Charge Sheet. For this
any of the forms now in use may be prescribed, b ut the present
Bengal form is defective in that it does not shew what point each
witness is called to prove. It is essential that this information
should be given for the guidance of the Magistrate, or the Prose¬
cuting Officer, if there is one.

For the second and third kinds of report under section 173 one
form will suffice. Such report should be called the Final Report .

-4. General Diary. —This is prescribed by section 44 of Act V of 1861.
No printed form is required for it, as it must be a record, in regular
sequence in point of time, of the work done at the station and of the
information received. It is not, however, necessary to enter in the

188

General Diary details which are already given either in the First
Information Book or in the Case Diary. A reference in the General
Diary to the entries in those records will be a sufficient compliance
with the law.

5. Police Station Crime Register. —If this record is retained the form

should be the same in all provinces. It is considered, however,
that it may be abolished, as sufficient information will be given in
First Information Book , the Case Diaries and the Village Crime
Note-Books , if the recommendations of the Commission are ac¬
cepted.

6. Superintendent's Register of Crime. —Every Superintendent, and every

Assistant or Deputy Superintendent in charge of a sub-division,
should keep a concise note-book of the crime at each police station
in his charge. This note-book should always be with the officer,
whether on tour or at head-quarters, in order that he may have
at hand complete information regarding the crime of his district.
This Register should be in the form of the Madras Check Register
of Crimes , the United Provinces English Register of Crimes or the
Bengal Index of Crime.

FIRST INFORMATION REPORT.

First information of a cognisable crime reported under section i$4 % Criminal
Procedure Code, at Police Station .

Sub-District

District.

No__Date and hour of occurrence.

Date and hour when reported.

Place of occurrence and distance
and direction from Police
Station.

Date of despatch from Police Station.

(N.B .—A first information must be authenticated by the signature, mark or thumb impression of informant and
attested by the signature of the officer recording it.)

Name and residence
of informant and
complainant.

Name and resi¬
dence of
accused.

Brief description of
offence, with section,
and of property
carried off,
if any.

Steps taken regard¬
ing investigation,
explanation of
delay in re¬
cording in¬
formation.

Result of the case.

Signed_

Designation-

(First information to be recorded below.)

Signature, seal or mark of informant.

igo

APPENDIX X.

Tables for the Police Administration Reports.

Statement A .—The present Statement A is unnecessarily detailed and the
Commission recommend the substitution of the forms given below. Parts III
and IV of the present Statement have been combined with Parts I and II, as
detailed information regarding Magistrates’ cases is not required in a report on
the administration of the Police.

The existing statements give detailed figures under ho less than 76 classes
of offences. For administrative purposes this is unnecessary, while for sta¬
tistical purposes so little value is attached to details that the tables of the
Judicial and Administrative Statistics give only the totals for all kinds of offen¬
ces. The Commission recommend the substitution of the following reduced
list of offences for that now prescribed:—

Cognizable Crime.

Serial No.

La to under which punishable.

Class or description oi Crime.

Sections of Indian Penal Code.

115, 117, 118, 119,

Abetment of cognizable offence.

CLASS 1 .— Offences against the State, Public Tranquillity, Safety

and J ustice.

131 to 136, 138

* ».

Offences relating to Army and Navy.

231 to 254

• * »

Offences relating to Coin.

355 to 263 A ...

Offences relating to Stamps.

467 and 471

Offences relating to Government Promissory Notes.

489Ato48gD ...

...

Offences relating to Currency Notes and Bank
Notes.

212 to 216, 216A

Harbouring an offender.

224, 225, 225B and 226

...

Other offences against public justice.

143 to 153, 157, 158,159

Rioting or unlawful assembly.

140, 170, 171

Personating public servant or soldier.

CLASS II.—Serious offences against the Person.

3°2, 303, 396 ...

Murder.

307 ...

• ••

Attempts at murder.

304, 308

• • •

Culpable homicide.

376

• ••

Rape by a person other than the husband.

377

Unnatural offence.

317 . 3 i 8

Exposure of infants or concealment of birth.

305 , 3 o 6 , 309 •••

•

Attempt at and abetment of Suicide.

Serial No.

LaW under Which punishable.

Sections of Indian Penal Code.

18 329, 331, 333, 325. 3 26 > 335 ... Grievous hurt.

ig , 328 ... ... Administering stupefying drugs to cause hurt.

20 j 327, 330, 332, 324

, t . Hurt.

21 363 to 369 and 372, 373 and Kidnapping or abduction, selling, &c., for prostitu-

£71. tion and dealing in slaves.

22 346 to 348 ... ... Wrongful confinement and restraint in secret or

for purpose of extortion.

2 $ 353 ) 354 ) 35 ^) 357 Criminal force to public servant or woman, or in

J attempt to commit theft or wrongfully confine.

24 304A, 338 ... ... Rash Or negligent act causing death or grievous

’ hurt.

24 3 <M A > 338

CLASS III.—Serious offences against Person and Property, or against

Property only.

25 395, 397, 398, 399, 402 ... Dakaiti and preparation and assembly for dakaiti.

26 394. 497> 398) 392, 393 — Robbery-

27 270, 281, 282, 430 to 433 . Serious mischief and cognate offences.

435 t0 440.

38 428,429 ... ... Mischief by killing, poisoning or maiming any

animal.

2Q 454 , 415, 457 to 460, 449 to Lurking house trespass or house-breaking with

y ,, 2 ' intent to commit an offence, or having made

0 preparation for hurt and house trespass with

a view to commit an offence or having made
preparation for hurt.

30 311, 400, 4 01 —

... Belonging to gangs of thags, dakaits, robbers and
thieves.

CLASS IV.—Minor offences against the Person.

31 341 to 344

... I Wrongful restraint and confinement.

32 336 ) 337

33 374

... Rash act causing hurt or endangering life.
Compulsory labour.

CLASS V.—Minor offences against Property.

C of cattle.

3 * 379 to 38 o . TWt | 0[dmaty .

35 406 to 409 ... ... Criminal breach of trust.

36 4 n to 414 ... ... Receiving stolen property.

37 419, 420 ... ... Cheating.

447, 448 and 453 and 456 Criminal or fcouse trespass and lurking house tres-
6 -f-t/, -r-t pass or house-breaking.

39 461, 462

Breaking closed receptacle.

192

Serial No.

Law under which punishable.

Class or description of Crime.

CLASS VI. — Other offences not specified above.

Sections, of Indian Penal Code.

40 |

295 to 297

Offences against religion.

269, 277, 279, 280, 283, 285,
286, 289, 291 to 294.

Public nuisances.

Offences under special and local laws declared
to be cognizable.

Specimens of the two parts of Statement A, as now proposed, are attached.

The ledgering of crime for the purpose of Statement A of the Annual
Police Administration Reports should be done at the head-quarters of each Dis¬
trict in the office of the Superintendent of Police in order to secure uniformity
and accuracy. This is already the practice in all provinces except Bengal and
Assam.

Statement B, Part I .—Columns 4, 5 and 6, columns 7, 8, 9 and 10, and
columns 14, 15 and 16 may respectively, in each case, be combined into a single
column.

Statement D .—For the reasons given in paragraph 184 of the Report, this
Statement should be abolished.

Statement E .—In this table the information should be given by districts.
Village police, private guards and additional police quartered on a tract at the
expense of the inhabitants should not be shown in it.

Column 3 should be subdivided into three, so as to show Superintendents,
Assistant Superintendents, and Deputy Superintendents, separately. Similarly
column 5 should be sub-divided so as to show European Constables or Sergeants
separately from Sub-Inspectors.

Columns 11 and 12 may be abolished, the officers and men entered therein
being included in the previous columns with the rest of the police force.

Columns 13 to 20, 24 to 38 and 42 may be abolished as the information
is not required in an Administration Report.

Columns 43 to 48 may be reduced to two columns, as it is impossible to
make any real distinction between police employed in towns and in rural areas, and
in some provinces four of the six columns are left blank. On the other hand, it
would be convenient if a new column were opened after column 40 to show the
urban population, as this would give useful information regarding the character of
the population of the province. The proportion of police to area and population
should be for the whole forceps it is difficult to secure uniformity of treatment
in fixing the numbers engaged in the prevention and detection of crime. A
specimen of Statement E, as thus amended, is attached.

Statement This statement, like Statement E, should give information
for each district.

In columns 6, 7, 8, the number of weapons should be entered instead of the
number of men, as the arms are used indifferently by a number of men. Muzzle¬
loading smooth-bores are not now used, and revolvers may be entered instead
of them.

Columns 9 and 10 may be abolished, as the information given in them is not
required.

Columns 28 and 29 should be expanded so as to give the number of men
in each period of service which carries a separate rate of pay.

Column 37.—This should show the daily average number of men absent
from duty on account of sickness, and not merely those sick in hospital.

STATEMENT A, PART I.

{To be substituted for the present Statement A, Parts I and III).

194

;

*S3S89 ani). jo psjoi puejQ

•pOplA

-ua> bsseo |e}0X

•saseo anjj ( sa)ejjsi3Ejq [bjox

*-*

True cases.

*(Ci -J- zi + 11

+ 9 - S[oo) saseoanjj [Bjoj,

•papuaq

-ajddB jo papajap jofl

•pajjmboy

*•€

•p9)OIAU03

•juaX jo pus je Suipuad jaqumjq

•aiqu

-ztuSoo-uou pajspap jo jdbj jo
mej jo saqBjsiui oj onp jaquin^j

sq 0 ) p9J«p9p jo paAoad aaquinfl

*1101)

• < ejh}S9AUt jojgutuiBtuaj jsquin^

*p3Snj9J 6'EM

uoi)Egi)S9Auj qoii{M ui J9quxn^

1 1 1 . j .

•jeaX aqj m pajjodaj jsquinjq

•jesA

snoiAOjd uiojj guxpuad jaqoinjj

Offence*

•ON PV|S

Column 4 . —This should include ail cases regarding which the Magistrate has not passed orders-
Column 8.— -Enter only cases proted or declared to be deliberately false,

STATEMENT A, PART II.

(To be substituted for present Statement A, Parts II and IV.)

_ W
O M
« w

2 <

« O

w „

O w
5 s cd
O H
O <
Cd
w H

2 <n

S O

OS <

d.* 5

‘paSjsqa
■sip jo pajj;nbaB
asuuaqjo jaquin^j

'pajauuoa jaquintq

•pajsajjs jaqmnjq

•jBai jo pus jb jiBq
uo jo Xpojsno u; jaqrnnf^

MBaX JO SSOJO JB JS3JJB
guipBAa suosjad jo jequitifvj

•paSjBqasip jo paj
•jmboB asiMJaqjo jaquinj>j

•pajouuoa jaqumjq

•paijj suosjad jo jaqtun^j

•jbij; aaojgq jspjo

jSa^siSBi^ Xq pasB0[3^

•apo^ aanpaoojj \\Ai3
*691 uoipas Japun paseaja^j

•JBaX aqj

Sntjnp aoqoj aqj jCq pajsaj jy

•eaiioj aqj
‘Xq dn usjjbj sbsbd u; jo
'oj pajjodaj sasBO uipaujao
-uoa sb jB3jC jo SuiuuiSaq jb
‘ apo^ ajnpaaojj [JA13 'oil
uoijaas japun jreq uo jo
Xpojsno aoijod ui suosjaj

’•t

its

4 )

c/j

STATEMENT E.

(Revised.)

Showing strength and cost of Police.

196

‘stuiio jo uoipapp pus
r i 0 iju 3 A 3 jd aqj u 1 paSegua aojoj 931(0,3
aqj 0} auiuo ajqszjuSoD 30 uojuodojj

Proportion of Police.

•pajiodai

aiutio 3[qszmSoo jo junouis jejox

•uons(udod ox

’sajs ox

•sjsodjno jo jaqum*q

•suoijsjg a3 !I 0 d jo ioquin^

r«

•pujsiQ jo uoijepdod u^qin

'uojjeindoj

•S3(iui aiBubs ui ssjv

*(91 pus St suwnjoo) jsoo [ 8 } 0 ) pusJQ

‘IBpUIAOJJ pUB iBtJOdlUJ UEqj

ssojnos jaqjo uiojj ajqs.ied }*03 jbjoj.

•sanuaAa^j jBpuiAOJj
pus (Bjiodcui uuojj ajqeXed poa (Bjox

T*V>x

s3[qBjsuo3 joaaquiu^

•(pajunojAj) soiqejsuoQ jo jaqam^j

•Oooj) saiqujsuoo jo JoqumM

(psjanojM) S3|q®)Stt03 peoH 1 ° wqtu"N

•(} 0 OjJ) toflsjsuoj peJH jo isquinji

•sjusogjog jo joq anjj

‘sJopadsui-qng jo jsqumN

t>.

•sjopadsuj jo wqumM

*s}U3pa3jinj3dng A«d3(J jo jaqumjj

•sjuapaajuuadng juejsissv p Jsqmnisj

•sjuapuajauadtig jo joquittN J

tr>

■ ’iBaaiiag-siopadem jneisissy pue
<Cjnd 9 <j ‘iei 3 u 3 £)-jopadi>uj jo jaquin^

197

Provincial Tables. —In Bombay, the Punjab and Burma there are no provin¬
cial tables. In Madras and the Central Provinces the subject has recently been
dealt with by the Local Governments and no further reduction is necessary.
In the case of Bengal and the United Provinces it is recommended that the
following tables should be abolished :—

Bengal —

(?) Precedence list of districts according to working results.

(it) Detail Burglary Khatian.

(in) Detail Theft Khatian.

(iv) Statement J (Bad Livelihood Prosecutions).

(t/) Comparative table of working in different provinces (given in the
body of the report).

United Provinces —

(?) Statements II and III.

(?'?') Statement VI.

Date of Submission of Administration Reports. —These reports are for the
calendar year, and the preparation of the district reports upon which they are
based interferes with the cold-weather terms of Superintendents. It is, therefore,
recommended that they should in future be prepared for the financial year.

198

APPENDIX XI.

Police Records and Returns.

As the Commission visited each province a Sub-Committee discussed the
subject of police records and returns with the local officers, and the recommenda¬
tions of the Sub-Committee which were accepted by the Commission are given
in the Notes attached hereto. The Sub-Committee was prevented from discuss¬
ing the subject in the Punjab or the North-West Frontier Province, but the
recommendations for other provinces can be applied mutatis mutandis. If the
Commission’s proposals regarding the registration and supervision of Bad
Characters, the records required to be maintained under the Code of Criminal
Procedure, and the tables prescribed for the annual administration reports are
accepted, a number of changes in records and returns will be necessary. These
have not been noticed in the notes that follow. On the subject of diaries by
officers above the rank of Sub-Inspector and special reports of crime, the Com¬
mission make the following general recommendations :

Every Inspector should keep a diary and record daily there in the work on
which he is engaged, the police stations or villages visited by him, the informa¬
tion conveyed to him and any orders issued to his subordinates. No further
details need be given, as reports of inspections are entered in the inspection
report book of each station, while reports of investigations into cases are
entered in the case diaries. A copy of his diary shall be forwarded by him
every week to the police officer immediately superior to him.

Superintendents and Assistant Superintendents should submit brief weekly
reports, in half margin, on all matters of interest from a police point of view
which have occurred within their charges. These should go through the District
Magistrate to the Deputy Inspector-General, who will forward to the Inspector-
General those which are of special interest or importance. These reports will be
treated as confidential and will be returned to the Superintendent or the Assistant
Superintendent, as the case may be, the remarks, if any, of the superior officers
being entered on the margin.

Special reports regarding the commission and investigation of the following
cases should be sent with the least possible delay to the Deputy Inspector-
General in charge of the Criminal Investigation Department:—

Dacoity, poisoning with robbery, coining, and forgeries of currency notes
and Government stamps. All police matters which are now report¬
ed to the Special Branch should also be reported to this officer.

There may be^other matters which Local Governments may direct to be
reported to him, but care should be taken not to impose on him too great a
burden.

MADRAS.

Station Records.

Register of Processes .—-It will be sufficient if a register of processes is kept
in the station and if a statement* of unexecuted warrants is sent once a month.
It is unnecessary to keep a counterfoil of this register.

199

Arrest Report .—The post-card form is sufficient. Unstamped cards can be
used in place of the Register in Form No. 57, which may be abolished.

Gang Register .—This register should be retained for permanent gangs only.
Wandering gangs should be entered only in the register in the Superintendent’s
office.

Roster of villages patrolled .—May be abolished.

Standing orders hung up in the station .—The majority of these might be
bound in books, copies of which should be made available for the use of the
constables.

Inspector’s Records.

Village Roster .—This may be abolished.

Travelling Diary .—This may be abolished.

Superintendent’s Records.

Weekly Reports .—Part II may be abolished, its place being taken by special
reports on selected classes of offences submitted as the information is received.

• Itinerary Registers .—May be abolished.

Register of Licenses under the Arms Act .—This is merely a duplicate of the
register kept in the District Magistrate’s office; it is never used by the Superin¬
tendent or his subordinates and it may be abolished.

Sundry Sums Account Book and Account Current .—It should be considered
whether these cannot be combined in the form of a ledger.

Assistant Superintendent’s Office.

Defaulter Book and Gang Register .—These are maintained for the whole
district in the District Superintendent’s office and it is unnecessary for an Assist¬
ant Superintendent to keep them.

Superintendent’s Returns.

Statement showing Attendance of Officers at Sessions .—This may be
abolished.

Quarterly Return of Grave Crimes investigated .—The information is given
in the weekly reports and summarized in the annual statement. The quarterly
return is unnecessary.

Confidential Reports on Inspectors.—The reports of - Police officers and
Magistrates should be combined into one return, a separate sheet being used for
each Inspector.

Assistant Superintendent’s Returns.

Itinerary Report .-—May be abolished.

200

Station House Returns.

Return of Summonses and Warrants .—This may be abolished a monthly
statement of unexecuted warrants being submitted as formerly.

BOMBAY.

Station Records.

These will be unnecessary if the system of Village Crime Note-books and
History Sheets is introduced.

Station or General Diary .—This is not kept in Sind, an omission which
should be rectified.

These should be combined as in other provinces.

> These are unnecessary in a police station.

„ Sick Policemen. J

Descriptive Roll of Prisoners .—This may be discontinued, the description
being entered in the " Register of accused Persons in the custody of the Police.' 1 '

It should be considered whether these two Registers and that of “ Persons
m the custody of the Police ” cannot be combined into either one or two Registers.

District Police Office Records.

Ledgering of Crime .—No ledger of offences is kept in Bombay, and the
annual statements of crime required for the Administration Report are prepared
from the Superintendent’s Crime Register, which is in the form of a Day Book
Tather than of a Ledger. This system is unsatisfactory, and ledgers should
be maintained.

Head-Quarters Chief Constable’s Records.

> These may be discontinue.

„ „ Sick Constables. )

201

BENGAL.

Station Records.

The following may be abolished :—

No. 8.—Register of descriptive rolls of persons sent up for trial (Form
No. 259).

11 A.—Chaukidari Report Register (Form No. 267).

12.—Registers of persons convicted under the Opium Act (Form No_
270).

Warrants for the collection of fines levied by Criminal Courts should be
executed by the ordinary process-serving establishment. If this is done, Record
No. 19, the Judicial Fine Register (Form No. 276) will no longer be necessary.

If the system of outposts is abolished, Record No. 27, the Outpost Case
Register (Form No. 285) will not be required.

Court Records.

Record No. 8, Register of processes dealt with by the Police (Form No. 183) ,
and Record No. 13, Bail and Recognisance Register (Form No. 191), should be
maintained by the Magistrate’s clerks and not by the Court Police Establishment.

District Superintendent’s Records.

Record No. 9, Register of receipts and issues of service labels. This may
be abolished, the number and the value of the stamps used being noted in the
Despatch Register.

Record No. 12, • Register of Unpaid Apprentices (Form No. 30). It is
undesirable to employ unpaid apprentices in a police office, and if this view is
accepted this register will no longer be required.

The following records may be abolished

No. 29.—Index to special reports (Form No. 42).

No. 33.—P. R. Register or Register of Convicts to be specially looked
after (Form No. 45).

No. 39.—Register of Diet supplied to patients in Police Hospitals (Form
No. 51).

No. 40— Monthly abstract of diet, hospital patients (Form No. 52).

No. 41—File of statements of charges and recoveries (Form No. 53).

No. 42.—Attendance Register. This register should not be used in the
case of gazetted officers.

202

District Superintendent’s Returns.

(The numbers refer to the revised list which is now under issue.)

The following returns may be abolished—

No. 21 —Statement of clothing (Form No. 144).

No. 29.—Inspection statement H (Form No. 10).

No. 29.—Inspection statement P (Form No. 14).

No. 31.—Return of Hindus and Muhammadans employed in the Police.

No. 33—Assistant Superintendent's Progress Report (Form No. 59).

No. 42.—Return of escorts (Form No. 66).

No. 53.—Statement of lands taken up for Police purposes (Form No. 80).
No. 57.—Return of elephants (Form No. 85).

No. 59.—Sale*proceeds of stores and other materials (Form No. 103).

No. 60.—Roll showing names of all officers and men who will attain or
pass the age of 55 years (Form No. 146).

No. 64.—Target practice report and return (Form No. 114).

No. 65.—Destruction of appointment certificates.

No. 84.—Return of persons according to religious denominations.

In Police Code Form No. 41, the following items might be omitted : Nos. 5,
10—13, and 17—19.

UNITED PROVINCES.

Station Records.

It seems doubtful whether the Check Receipt Book of non-cognizable
crime (Form No. 146) is necessary.

The Register of Crimes and the Register of Property Stolen and Recovered
(Forms Nos. 155 and 193) should be combined. It has been brought to notice
that the Form of Inspection Book as given in the Police Manual has been largely
curtailed.

Reports and Returns from Thanas.

The following should be abolished :—

(1) Abstract of Cognizable Cases pending investigation over a month.

(2) Report on Inspection of Police Stations and Outposts.

(3) Crime Returns.

(4) Return of time-expired convicts, 218.

(5) Statement showing all cases of professional burglary.

(6) Statement of the castes of chaukidars, etc,, 253.

203

(7) Mischief to cattle by poisoning, 222.

(8) Thefts of agricultural produce, 221.

(9) Cattle strays, 232-A.

(10) Sales of cattle, 222-B.

(11) Mukhiyas, 211.

Court Inspectors’ Records.

The Register of Absconded Offenders (Form No. 192) should be retained,
but the form can be simplified.

Register of Property (Form No. 194).—The property should be kept
by the Magistrate and he should be responsible for the maintenance of any regis¬
ter that he may require. As a Police record this register should be abolished.

Register of Arms and Ammunition (Form No. 136).—-This Register should
not be kept by the Court Inspector, who should have no responsibility for such
arms and ammunition (see section 16 of the Arms Act).

Register of Sessions Cases (Form No. 197) and the Register of Criminal
Appeals and Revisions (Form No. 159)*—These are not necessary and may be
abolished.

Reports and Returns submitted by Superintendents.

Weekly Abstracts of Cognizable Cases under Investigation (Form No.
■277).—This may be abolished.

Change Reports in the Clerical Staff (Form No. 270).—This may be
abolished.

Report of Progress made by Probationers (Form No. 26 $).—A demi-official
half-yearly report may be substituted for this.

Statement showing Score of Target Practice (Form No. 201).—The Register
is necessary, but no statement need be submitted by the Superintendent, dhe
Register will show the Inspecting Officer whether target practice is satisfactory.

Return of Inspection of Police Stations .—This maybe abolished, but the
District Superintendent should state in his annual report what stations have not
been fully inspected and why the rules on the subject have net been complied
with.

The following Reports and Statements may be abolished

Report on the inspection of each of the police stations and outposts of ins
Railway police.

Statement showing number of chaukidars punished (Form No. 247).

Statement of castes of chaukidars (Form No. 253).

Statement of Mukhiyas (Form No. 211).

Statement of cattle strays, etc. (Form No. 222-A).

204

Statement of registration of sales of cattle (Form No. 222-B).

Statement of time-expired convicts (Form No. 218).

Statistics of armed police with nominal roll of efficient head constables,
etc.

Statement showing the working of the Security law (Form No. 2/p).

With regard to the last of these, it may be pointed out that all necessary in¬
formation is given in Statement A.

The headings of forms should be printed in diglott, as is done in most of
the other provinces.

BURMA.

Station Records.

No. 8, Register of Exhibits .—>This is unnecessary and may be abolished,
as the Register of Property gives all the information.

No. II, Dieting Register .—This may be abolished, the necessary informa¬
tion being given in the Lock-up Register.

No. 14 , Hue and Cry Register .—This is unnecessary.

No. 16 , Register of Convicts conditionally released —This may be abolished ;
the necessary information can be given in the Village Crime Note-books and the
History Sheets.

No. 20, Register of Undetected Violent Crime .—This should be abolished.

No. 2p, Return of Accoutrements and Miscellaneous Stores .—This return,
if required at all, should be sent only once a month.

No. jo, Miscellaneous Order-book .—All miscellaneous orders received are
copied into this book. The original orders should be filed and this record shoald
be abolished.

District Superintendent’s Records.

No. 3, Register of Criminals .—The register may be retained, but the
monthly information (paragraph 673) is not required and should not be furnished
by stations or entered in this register.

No. 4, Hue and Cry Register .—This may be abolished, as the information
is given in the Police Gazette.

No. 5, Register of cases in which evidence has been recorded tender section
312, Criminal Procedure Cods.—‘This may be abolished, as all the information
required is in the police-station.

No. 6, Register of Stolen Property.
No. 7, Register of lost cattle.

j| These are not necessary.

No. 8, Register off Violent Crime and Cases —This is unnecessary, as the
information is to be found in each file.

205

No, g, Register of Undetected, Violent Crimes. —This may be abolished.

No. //, Register of convicts conditionally released. —As noted above under
Police-station Records, this register is unnecessary.

No. 14, Court Police Officer's Register .—This register might be simplified,
as much of the information is given elsewhere.

No. 21, Register of Telegrams issued .

No. 22 , Register of Telegrams received.

No. 24, Register of Enlistment. —This is necessary if the sanction of the
Deputy Commissioner is required, but it can be abolished if that sanction is dis¬
pensed with as recommended.

No. 55, Register of Promotions , Register of Reductions , Register of dismis¬
sals. —These may be abolished as the information is given in the Long Roll.
The statistics required for the annual report can be noted in a separate note-book
if necessary.

No. 3Q, Police Stock-book. —The Returns of Arms, Ammunition and Stores
should be submitted annually and not half-yearly.

District Superintendent’s Returns (half-yearly).

No. 1, Index. —This Index should be prepared in the Central office: the
return will then be unnecessary.

CENTRAL PROVINCES.

Station Records.

No. 6, Register of absconded offenders. —This register maybe abolished, a
file of the lists published in the Police Gazette being substituted for it.

No. 18, Register of strayed cattle. —The retention of this register depends
upon the decision of the question whether the Police should interfere in the
matter of the strayal of cattle.

District Superintendent Registers.

B. No. 4. Register of applications to prosecute for bad livelihood. —This
may be abolished.

B. No. 5, Register of absconded offenders , &c. —This may be abolished,
a file of the lists in the Police Gazette being substituted for it.

B. No. 6, Register of Processes.—' This should be maintained by the Court
which issues the process, the Court sending the processes direct to the station.

B. No. 15, Service Stamps Account. —This may be abolished, the informa¬
tion being given in the Vernacular Correspondence Register.

/ Both these registers may be
t abolished.

Returns.

Quarterly Returns oj previous convictions established,— The value of this
return is not apparent.

ASSAM.

Station Records.

The following registers and records may be abolished

(1) Register of property stolen and recovered (Form No. 164).

(2) Register of descriptive rolls of persons sent up for trial (Form No. 176),

(3) Slip diary (Form No. 177).

(4) Travelling diary (Form No. 178).

(5) Lock-up Register (Form No. 184).

(6) Register of duty certificates (Form No. 194).

In the Station order book (Form No. 179) a complete copy of the order is
not required, and the column which is now headed “ Copy of order ” should be
headed “ Abstract of order."

Court Inspector’s Records.

The Magistrate's Register of cases (Form No. 138) should be abolished.
The Khatian Register (Form No. 148) should be maintained in the District
Superintendent’s Office.

The bulk of the registers kept by the Court officer are Magistrate’s records,
and in the Commission’s opinion»those - which, in the list prefixed to Chapter
XV of the Assam Police Manual, are numbered 1, 2, 7, 9, 10, 14, 15, 16, 19, 22
to 27, should be maintained by the Magistrate’s clerks, so as to set the Court
officer free for his legitimate duties in connection with the prosecution of cases.

District Superintendent’s Records.

The Register of Service Stamps should be discontinued, the number and
value of stamps used being noted in the register of letters despatched (Form
No. 17).

Purwana copybook (Form No. 281).—-Considerable labour would be saved
if carbon paper were used to obtain the second copy required for this register.

District Superintendent’s Returns.

No. 5.—- Proclaimed offenders.— This is now sent monthly; it should be sei t
as occasion requires.

Return No. 6—-Released convicts, and No. 15-*-Price-currents, are unneces¬
sary and should be abolished.

No. 22 —The Return of police stations and outposts visited by Inspectors is
unnecessarily elaborate and should be simplified.

207

APPENDIX XII.

Scheme of Grading for Police Officers of and below the rank

of Superintendent.

Superintendents—

1st grade

• «i

• ft

Per cent

2nd „

• ••

• ft

•i»

...

3 rd „

• It

4 th >1 ...

...

. ..

...

5th „

• • «

...

Assistant Superintendents-

ist grade

2nd „

...

• • •

...

Probationers ...

...

Deputy Superintendents-—'

1st grade

• It

1. .

2nd „ ...

...

• • t

...

3 rd „

• M

...

4th „ ...

...

Inspectors —

1st grade (special)

ft *

...

2nd jp mi

» * •

• ••

Ml.

...

3 rd »

...

• ft

«#*

4th jj in

...

Sergeants —

1st grade

• Ik

...

• it

2nd „ ...

• • •

...

Ill

...

3rd „

ft*

III

ft.

Sub-Inspectors —

ist grade ...

«*•

1 *»

2nd „

• II

...

III

3 rd „

«*»

...

4th 11 <>•

...

ft •

...

Head Constables —

ist grade ,.7

«««

• ••

f *•

2nd „

«M

III

3rd „

« M

*1.

...

Under the Commission’s proposals the constables will no longer be graded,
but will receive pay in accordance with their length of approved service. For the
purpose of framing the estimates given in Appendices XIII to XXV, the distribu¬
tion of constables over the various periods of service in each province was

based upon averages calculated from the figures for typical districts. The
percentages in each period are shewn in the following table :—

Statement showing the percentages of constables according to service.

Province.

Under 3 •
years.

3 to 8
years.

8 to iS
years.

15 to 20
year*.

20 years
and over.

Total,

Per cent.

Madras ...

...

100

Bombay ...

...

loo

Bengal

100

United Provinces ...

»»»

100

Central Provinces

« • •

100

The Punjab and N. W. F,
vinee

Pro-

100

Assam ... *

...

100

Burma ...

...

100

209

APPENDIX XIII.

Estimate of the number of Pouce required in Madras.

Inspector-General.— The pay has been raised to Rs. 2,500—100—3,000,
as in other provinces, and the average has been taken as Rs. 2,83*3-5-4, or
Rs. 34,000 per annum.

Deputy Inspector-General.— An additional officer is provided for Railways
and the Criminal Investigation Department, and the Commissioner of Police,
Madras City, has been graded as a Deputy Inspector-General.

Superintendents. —There are now 21 district charges in the presidency,
and it is proposed to make three new districts—Guntur, Vellore and Ramnad;
but some districts will, in the Commission’s opinion, still be too large for adminis¬
tration by a single Superintendent, and they recommend that an additional
Superintendent should be provided for each of the districts of Malabar, Salem
and Kurnool. The Nilgiris district is now in charge of an Assistant Superin¬
tendent : in accordance with the principles advocated by the Commission, a
Superintendent has been provided. The total number of district charges will
thus be 28. The Railways require two Superintendents, and one must be
provided, as now, for Bangalore. For the Madras City three Superintendents
are wanted, and the other posts, to be filled by officers of this rank, are those of
Assistant to the Inspector-General, Personal Assistant to the Deputy Inspector-
General in charge of the Criminal Investigation Department, and the Principal of
the Provincial Training School. Two officers must also be provided for deputa¬
tion, having regard to the average of recent years. The total strength will then
be 39, distributed as follows -•

Existing district charges ... ... ... ... 21

Proposed new district charges ... ... ... 7

Railways ... ... ... • •«> 2

Madras City ... ... ••• 3

Bangalore ... ... ... »»» tr- '

Assistant to the Inspector-General ... ... ... *

Personal Assistant to the Deputy Inspector-General ... I

Provincial Training School ... ... ... ... *

Deputation ... ... ... •«■ 2

Total ... 39

Adding to this the number of Deputy Inspectors-General, the total number
of superior officers is 44.

Assistant Superintendents.—The number of Assistant Superintendents,
at 77-3 per cent, of this last figure, will be 34, of whom 43-98 per cent., or 15,
will be available to fill posts in which Assistant Superintendents or Deputy
Superintendents are required. Every district is to have one such officer at head¬
quarters, and there will be in addition at least 17 sub-divisional charges, vis.,
Ganjam (2), Vizagapatam (2), Godavari, Kistna, Guntur, Nellore, Cuddapah,
South Arcot, Coimbatore, Malabar (2), Tanjore, Madura and Tinnevelly (2).
One officer is required for Coorg, one for sub-divisional charge of the Southern
Mahratta Railway ^ and fotjr for the Training School? for recruits. The total
is 51.

210

Deputy Superintendents .—As there are only 15 Assistant Superintendents
available for these 5 r posts, the balance (36) must be held by Deputy Super¬
intendents.

Inspectors .—There are now 312 rural circles, this large number being due
to the fact that, the station-house officers being only of the rank of head constable,
the Inspectors are, therefore, obliged to take a large share of the investigation
work. Another reason for it is the large number of police stations in Madras, the
total number being no less than 1,621. Mr. Hammick has submitted proposals to
the Commission for reducing this number to 1,275, and in many cases this
reduction could be carried out at once. But Mr. Hammick’s proposals do not
go far enough, and the Commission think that the number of police stations
should not eventually exceed 1,000, which is two more than the number provided
for Bengal with double the population and a slightly larger area, while in
the United Provinces the number is only 886. It will of course take time to effect
this reduction, but it will also take time to recruit the higher class of men who
alone will be entitled to the higher rates of pay. In preparing an estimate of the
cost, therefore, the new rates of pay must be applied to the new scale of estab¬
lishment. The number of police stations is accordingly taken at 1,000, and
allowing one Circle Inspector for every five police stations, 200 of those officers
will be required. This is comparatively a liberal estimate, but in the case of
large towns a circle will consist pf a town alone, so that the average rural
circle will contain slightly more than five stations. To this must be added 8
Railway Circles, making a total of 208. There are now 21 district reserves
and 3 special reserves, and with the creation, as proposed, of seven new police
districts, the total number of such forces will be 31, and that number of
Inspectors will be required. Including the railways, there will be 30 police
districts, for each of which a Prosecuting Inspector is necessary. For the
Criminal Investigation Department six Inspectors are entered provisionally, and
the Inspector at the head of the Finger Print office must also be included in
this establishment, making a total of 7. It is estimated that the average
number of pupils in the provincial training school will be at least 140, and
seven Inspectors in addition to the Chief Inspector and Drill Inspector, will be
required, while eight Inspectors are necessary for the four recruit training
schools. The total number of Inspectors is thus 293, and the following table
shews their allocation :—

Circles (Town and Rural)

... 200

Railway ... ... ... ...

Head-quarters Forces and Special Reserves ...

Prosecuting Inspectors ....

Criminal Investigation Department

... 7

Training Schools ... ... ...

r 7

Total ... 293

Sub-Inspectors .—For 1,000 police stations that number of Sub-Inspectors
will be required, and 200 more are provided for stations where the work of
investigation is heavy. For railway police stations 39 Sub-Inspectors are necessary.
At the rate of one Reader for each Superintendent including railways, and
for each Assistant or Deputy Superintendent in charge of a police sub-division,
48 Sub-Inspectors will be required. The strength of Prosecuting Sub-Inspectors is
calculated at the rate of <»ne for each magisterial subdivision other than the
head-quarters subdivision. Provision must also be made for a reserve not only

for the rank of Sub-Inspector, but also for those of Deputy Superintendent
and Inspector, excluding, however, European Inspectors (estimated number, 39)
for whom a reserve is provided in the rank of sergeant. The complete alloca¬
tion will be

Town anil rural police stations ... ... ... 1,200

Railways ... ... ... . 39

Readers ... ... ... 48

Prosecution ... ... ... 63

Training Schools ... ... ... 24

Criminal Investigation Department ... ... 6

Total ... 1,380

Reserve at 14 percent, of strength of Sub-Inspectors,

Inspectors * and Deputy Superintendents ... 272

Grand Total ... 1,653

Sergeants .—One sergeant has been allowed for every ten of the Head¬
quarters Forces, and for each Special Reserve except that at Malappuram in the
Mappilla country, where the existing strength of four has been retained. For
large towns and cantonments 16 sergeants have also been provided, and 5 for
railway stations. This gives a total cadre of 37• To this must be added a
reserve at 10 per cent, of the combined strength of sergeants and European In¬
spectors, for which purpose the number of the latter has been taken as 39. The
reserve will thus be 8 and the whole strength 45.

Head Constables .—The scale of establishment laid down by the Commission
necessitates a considerable increase in this rank. A head constable has been
substituted for a constable as station-writer, and a second head constable has
been entered for general duty at every station. For 1,000 stations, therefore,
3,000 head constables will be required ; 300 have been added for towns and for
rural stations where work is heavy. In the railway police there are 39 police
stations, for which 78 head constables will be required as writers and to assist in
general duty and supervision of the travelling staff. For platform duty there are
now 48 head constables and this number has been retained. The total is thus
126. The number of head constables now employed in charge of guards
furnished by the station police is 236 and no change is necessary. For the
Head-quarters Forces and Special Reserves there are now 228 head constables.
Owing to the proposed creation of seven new police districts and to the
necessity of providing a minimum force of 25 men at each head-quarters to be
always available for employment in case of an emergency, it is proposed to raise
the constables in these forces from 2,262 to 2,492, and 230 head constables, at
the rate of one to every ten men, will, therefore, be required. The other items
are sufficiently explained by the following allocation table

Head Constables.

Town and rural police stations ... ... ...

Railway police stations ... ... ...

Guards furnished from police stations
Head-quarters Forces and Special Reserves ...

Training Schools ... ... ... ...

Criminal Investigation Department ... ...

Elephant Establishment ... i ... ...

Hackney Carriage Establishment. ...

Total »•

a,3oo

126

236

250

3,973

* Less 29 European Inspectors.

312

Constables.—>The present strength of constables employed on ordinary
station duties, other than guards and the like, is 13,603. The changes which
have been proposed in the system of beats will allow of a considerable reduction
in this force, but the improvements which have been advocated in respect of the
patrolling of towns will necessitate a large increase. The estimated requirements
are 12,366 men. No change is made in the strength (1,820) required for guards
and orderlies furnished by stations. The necessity for increasing the Headquar¬
ters Forces has been explained above : the estimate is based on actual experience
(see table at page 108 of the Provincial Committee’s Report). There are 530
railway stations in the presidency and it is estimated that 230 extra men will
be required to maintain communication between the railway and district police.
The present railway police staff of constables has been left untouched, as the
Strength—674 men for 3,300 miles of line—is moderate. There is at present no
Reserve, in the proper sense of the term, and vacancies caused by absence of
men on leave or under training are left unfilled, to the great detriment of police
work. A reserve calculated in the usual way at 15 per cent, of the strength, has
now been provided. An extra allowance of one rupee a month has been
provided for all constables in the Bellary District. The following is the allocation
table

Constables.

For ordinary station duties ... .,7

Guards and orderlies furnished by stations ...

For attending at railway stations ... ...

Orderlies for Inspectors* and the six Sub-Inspectors of
Criminal Investigation Department

Headquarters Forces and Special Reserves ...
Railway police ... ...

Hackney Carriage Establishment ...

Elephant ditto ... ...

Buglers in training schools ...

the

12,366

1,820

230

362

2,492

674

Total ... 17)979

Reserve at 15 per cent, of strength (constables and head

constables) ... ... ... 3)697

Grand Total ... 21,676

The Commission recommend allowances at the following rates for officers
employed in the Criminal Investigation Department:—Personal Assistant to the
Deputy Inspector General in charge, Rs. 100, Inspectors Rs. 75, Sub-Inspectors
Rs. 40, head constables Rs. 5, and constables Rs.,2. These have been provided
in the accompanying statements.

The pay of the two Superintendents provided for deputations has been
excluded, as it will not be a charge against the police budget. For the purpose
of the calculation the average pay of a Superintendent has been adopted.

* Including Railway Inspectors,

213

Deputy Superintendents (36)

Madras -~- contd .

214

Grand Total ••• ... , M ... 63,67,265

216

APPENDIX XIV.

Estimate of the number of Police required in Bombay, including

Sind.

Inspector-General. —The pay of the Inspector-General is fixed at
Rs. 2,500—100—3,000, making an average pay of Rs. 2,833-5-4.

Deputy Inspector-General. —At present there are no Deputy Inspectors-
General in Bombay or Sind. It is now proposed to provide five such officers
distributed as follows

Railways and Criminal Investigation ... ... ... 1

Ranges in the presidency ... ... ... 2

Ditto in Sind «*« ••• it* I

Bombay City (Commissioner) ... ... ... t

They will be graded as follows :—

Rs.

1 on ••• ••• 3 jOOo

2 on ••• ••• ••• ••• 1^50

2 on *•« ••• ••• ••• 1,300

Superintendents .—The number of Superintendents is calculated as under:

For 24 districts, 18 in Bombay and6 in Sind ... ... 24

For Kathiawar ... ... ... ... 1

Extra for Khandesh (divided into 2 districts) ... ... 1

For railways ... ... ... ... 4

Personal Assistant to the Deputy Inspector General of Rail¬
ways and the Criminal Investigation Department ... 1

Presidency training school ... ... ... 1

Assistant to the Inspector-General ... ... ... 1

Bombay city ••• •«« ••• 3

For deputation ... ... ... ... 1

Total ... 39

Assistant Superintendents.-— This gives the number of Assistant Superin¬
tendents as 34, calculated at 77*3 per cent, of 44 superior appointments, and of
these 15 will be available for employment in Assistants’ posts.

Deputy Superintendents. —Including one for the City of Bombay, 25 for
districts, 2 for railways, 4 for recruit training schools, and 14 for districts where
more than one Assistant or Deputy Superintendent are said to be required, there are

217

46 such appointments. The number of Deputy Superintendents will, therefore,
be 31.

Inspectors. —Mr. Kennedy estimates that 193 Inspectors are required, but
the information given does not allow of this estimate being checked : it has, how¬
ever, been accepted for the present. It is not clear whether it includes provision
for the Agencies. The police employed there should, it is thought, be paid for
by the States forming the Agencies and, so far as is possible, they have been
excluded from these statements, as the revision of the establishments will not
involve any extra expenditure from Imperial or Provincial revenues.

Sub-Inspectors .—So far as can be gathered from Mr. Kennedy’s statements
the numbef of town and rural police stations proposed is 566 in the presidency
proper and 182 in Sind, and only 16 of these require more than one Sub-Inspector.
This is, however, by no means clear, but Mr. Kennedy apparently provides 764
Sub-Inspectors for duty at police stations and this number has been accepted.

There are now 42 railway police stations and 8 more have been added for
the section of the North-Western Railway which lies in Sind. One Sub-Inspec¬
tor for each police station, with a margin of 10 per cent, for additional men at
the heavier stations, gives a total of 55 instead of Mr. Kennedy s figure of 178,
which is an extravagant estimate of requirements.

For prosecution one Sub-Inspector has been allowed for each district.
Six have been provided for the Criminal Investigation Department, and 4 for the
special staff in Poona. For calculating the reserve the number of European
Inspectors has been taken as 33, ie., 25 for Head-quarters Forces and 8 for
large towns. The other items call for no remarks:—

Sub-Inspectors —

Investigation, town and rural police stations

... 764

Investigation, railway police stations

... 55

Prosecution

... 25

Training schools ... ••• •••

... 24

Criminal Investigation Department (including Poona staff)

... 10

Readers to Superintendents and Assistant and Deputy

Superintendents.

Total ... 923

Reserve at 14 per cent, of strength of Deputy Superintendents,

Inspectors (less than 33 European Inspectors) ... ... ^

Grand Total ... 1,104

Sergeants. —Mr. Kennedy proposes 14 sergeants, of whom 5 are for railways
and the rest presumably for large towns. This estimate is probably insufficient,
and 10 have been provided for railways, 15 for large towns and cantonments and
15 for the more important of the Head-quarters Farces, or a total of 40- The

2l8

reserve, calculated at 10 per cent, of the strength of European Inspectors (33)
and sergeants, comes to 8, so the total number of sergeants will be 48.

Head constables. —-Mr. Kennedy estimates that 3,116 head constables
are required for district work and for railways. The present strength is 3,381
and in consequence of the appointment of Sub-Inspectors, 537 these, in
addition to 311 chief constables, can be abolished. This leaves a total of
2,844, and this figure has been adopted tentatively.

Constables .—No information has been furnished which will enable an
estimate of the strength of constables to be framed. The present strength
for the Presidency proper and Sind, but excluding railways, is 13,905, and
Mr. Kennedy proposes to raise this to 18,108. For ordinary station
work 12 per station is a liberal all-round estimate, and this gives 8,976.
The number now engaged on guards and escorts and the like is 3,686,
and 2,053 are shown as the Reserve. With the abolition of the extravagant
system of division into armed and unarmed branches, guard duty will
require fewer men, but the Reserve is probably insufficient, and it is believed
that it is used to furnish some escorts. As a rough estimate the force
now shown under guards and escorts may be raised by 1,000 men, and the
reserve will then be calculated in the ordinary way. The present strength of
constables in the railway police is 2,079: the total mileage will be 5,279 and one
constable for every four miles of railway is a liberal estimate of requirements for
law and order only. The number of constables will, therefore, be taken at
1,320. We thus have-.—*

Station duties .,.

Head-quarters Force, including guards

Railway police ... ...

Total ... 14,982

Reserve at 15 per cent, of strength of constables and head

constables ... ... ... ... 3,146

8,976
... 4,686

... 1,330

Grand Total ... 18,128

Mounted Police .—There are now 1,371 mounted police, and this number has
been reduced to 1,169 by abolishing all those required as orderlies only. Mr.
Kennedy’s proposals for the pay of the six European mounted constables have
been accepted tentatively.

The Commission recommend allowances at the rates already given in the
Madras Note for officers and men employed in the Criminal Investigation
Department. The pay of the Superintendent provided for deputations has been
deducted. The pay of the Superintendent provided for Kathiawar ought
perhaps to be deducted on the same principle, and this should be considered.
The police employed on clerical duties in offices have, so far as is possible,
been left out of account.

a 19

Bom b a M —~ contd .

220

Sergeants (49)

221

01 eio f ZS‘9 01 o

'Pfuo?~\v awog

223

Bombay— ioncld.

224

APPENDIX XV.

Estimate of the number of Police required in Bengaa

Inspector-General .—The pay is raised from Rs. 2,500 to Rs, 2,500—100-
3,000, the average being taken at Rs. 2,833-5-4.

Deputy Inspectors-General .—An increase of three officers is made, one for
the Railways and the Criminal Investigation Department and two for supervision
over districts, of which there are forty-five. The present staff consists of two
Deputy Inspectors-General only. The Commissioner of Police, Calcutta, has
been graded as a Deputy Inspector-General and there are thus six, graded as
follows :—

1 on ...

2 on ...

3 on ...

Rs.

2,000

1,750 each.
U5°° »

Superintendents .—There are now 45 districts in Bengal and 8 in
Assam, which province obtains its superior officers from Bengal. The Railways
require 4 Superintendents, viz., one each for the East Indian Railway, the
Bengal-Nagpur Railway, the Eastern Bengal State Railway, and the Assam-
Eengal Railway. The Bengal and North-Western Railway can be worked as a
sub-division of the Eastern Bengal State Railway. One Superintendent will be
required for the river police, one for the provincial school and one for the new
district of Angul. The posts of the Personal Assistants to the Inspectors-General
of Bengal and Assam and the Deputy Inspector-General (Criminal Investigation
Department, Bengal) require one each. Five Superintendents are provided for
the City of Calcutta, including one for the charge of the Intelligence Branch as
explained in paragraph 96 of the Report. Six officers are also provided for
deputation. The total will thus be 74, distributed as follows:—

Bengal districts ...

Assam )) ««•

Railways •«« M* •••

River police

Provincial school ... ... ...

Angul district

Personal Assistants to the Inspectors-General of BTengal and
Assam

Personal Assistant to the Deputy Inspector-General (Criminal
Investigation Department)

Superintendents, Calcutta Police
Deputation

Total

Adding to this the Deputy Inspectors-General and the Commissioner of
Police, Calcutta, the total number of superior officers will be 80.

Assistant Superintendents .—The number of Assistant Superintendents (cal¬
culated at 77*3 per cent, on this last figure) will be 62, of whom 43'98 per
cent., or 27, will be available to fill posts in which Assistant Superintendents are
required. Every district, except Angul, is to have one such officer at head-quarters
and there are in addition 5 subdivisional charges, while 4 will be required for
the training schools for recruits in Bengal and 1 for the training school in
Assam, and 1 for the railway police. The total will be 64.

2 26

Deputy Superintendents .—As only 27 Assistant Superintendents will be
available for these 64 posts, the balance of 37 must be held by Deputy Superin¬
tendents.

Inspectors.—There, are at present 635 police stations and 340 (including
4 newly sanctioned) outposts, or a total of 975 investigating centres. Twenty-
three additional centres are required, which will raise the number to 998. At
present there are 147 Inspectors employed as supervising officers over the in¬
vestigating centres. The population is dense and an Inspector should be able
to supervise 6 stations on an average. The number of these Circle Inspectors
has therefore been raised by 19. There are now 6 Inspectors in charge of towns
and the Bengal Government’s proposal to raise this number to 10 has been
accepted. There is now only one Prosecuting Inspector, so 44 more are required
to give one to each district. A Prosecuting Inspector is required for each railway
district; there is only one at present. For the 45 Headquarters’ Forces
45 Inspectors are required instead of the existing 4, while for the river police 3
officers have been entered. The provincial school requires 1 reserve Inspector
and 6 Inspectors for the instructing staff (calculated at 1 for every 20 pupils) or
a total of 7 Inspectors ; and the schools for recruits require 8 Inspectors. There
are now 12 Railw-ay Police Inspectors and the Bengal Government ask for 3
more, so as to give an average of 5 stations to each officer. There is at present a
reserve investigating staff at the disposal of the Inspector-General, consisting of
10 Inspectors, 2 Sub-Inspectors and 27 constables, while the Criminal Identifica¬
tion Office consists of 1 Inspector and 7 Sub-Inspectors; but 5 more Sub-In¬
spectors have been withdrawn from their proper work in the districts for employ¬
ment in this office, and the Bengal Government urge that one Inspector and 12
Sub-Inspectors are necessary. The average number of searches is approximately
6,000 a year, or about 24 on each working day. It takes not more than ten
minutes at the outside to make a search. The number of slips received for
record is about 12,000 per annum. The Inspector and 7 subordinates should
certainly be able to deal with the amount of work even if allowance be made for
absence to give evidence. The present staff has therefore been retained unaltered.
It seems, however, a waste of power to employ on this work men who have been
carefully trained in law and general police duties, and it is worthy of considera-
ation whether clerks specially trained for the work would not be quite as useful,
and more economical th$p Sub-Inspectors. For the Criminal Investigation
Department proper the Bengal Government propose a staff of 17 Inspectors, 14
Sub-Inspectors and 30 constables. A somewhat large staff is certainly required,
but 12 Inspectors, 12 Sub-Inspectors, 24 head constables and 24 constables
(orderlies) should suffice, at least for the present.

The total number of Inspectors is thus 316, distributed as follows :—

Circle Inspectors ... ... ... 166

Headquarters’ Forces ... ... ... ... 45

Prosecuting staff ... ... ... ... 49

Town duty ... ... ... ... 10

River police ... ... „. ... 3

Railway police ... ... ... ... 15

Criminal Investigation Department ... ... ... 12

Criminal Identification Office ... ... ... 1

Provincial school ... ... ... ... 7

Schools for recruits ... ... ... ... 8

Total

316

227

Sub-Inspectors .—At present there are 1,659 Sub-Inspectors and an increase
of 648 has been provided for, making a total of 2,305 distributed as follows under

each kind of duty:—

Investigation ... ... ... ... 1,697

River police ... ... ... ... 4

Town police ... ... ... ... 3

Railway police ... ... ... ... 80

Criminal Investigation Department ... ... ... .’2

Criminal Identification Office ... ... 7

Provincial school ... ... ... ... 1

Recruit schools ... ... ... ... 20

Prosecution (93 subdivisions and 20 head-quarters) ... 113

Readers to Superintendents and Subdivisional officers ... 54

Total ... 1,991

Reserve at 14 per cent, of 1,937 Sub-Inspectors, 37 Deputy

Superintendents and 288 Inspectors (excluding Europeans) 377

Grand Total ... 2,368

The increase of 445 under the head of Investigation and of 47 for Railways
is due to the substitution of Sub-Inspectors for head constables for purposes of
investigation.

The Bengal Government has recommended that the staff of Sub-Inspectors in
the railway police should be raised from 33 to 92, The railway mileage is 4,200
and there are 76 police stations and 14 out-posts, but it is not known whether the
latter are investigating centres. An addition of 47 has, however, been made to
the strength of Sub-Inspectors. The necessity for the increase in the staff of
the Criminal Investigation Department has already been shewn in the note on
Inspectors. The increase under the other heads is necessary to give effect to the
general recommendations of the Commission about reserves, schools, etc.

Sergeants .—Provision has been made for 47 sergeants in lieu of the 11
European constables at present employed. Of this number 14 are for railway
police, 4 for towns, 19 for Head-quarters Forces and 10 as a reserve for both
sergeants and European Inspectors.

Head constables .—The present number of head constables is 1,911, and
the number asked for by the Bengal Government is 3,286, or an increase of 1,375.
Their estimate, however, includes 425 as a reserve, but this should be provided in
the strength of the constables. Deducting this number, the cadre of the Bengal
Government is 2,862. The Commission consider that this number is too small
and they propose a staff of 3,050, as shewn in the table below. The station
strength has been calculated at two for each station with the addition of 430,
which is the Bengal Government’s estimate for extra men required for towns.
The military police has been abolished and the district police reserves have
been increased by 8 head constables and no constables, the total of this force
being 128 head constables and 1,565 constables, which is large compared with
the minimum forces provided in other provinces. For no less than 19 districts
4 head constables and 50 constables have been entered, while for 19 others the
force is fixed at 2 head constables and 25 constables, and for the remaining 7 at 2
head constables and 20 constables. For guards, escorts, orderlies and miscellane¬
ous duties, road patrols and railways the Bengal Government figures have been
adopted. For river police the Bengal Government # ask for only 7 head constables

228

for a force of 318 constables. This is too small and the present figure of 26
has been retained.

No provision has been made for Courts, as the Commission are opposed to
the police being taken to do the work which ought to be done, and is done else¬
where, by the Magistrate’s clerks.

Station strength

1,996

Town police

430

District police Reserve ... ... ...

128

Guards, escorts, orderly and miscellaneous duties

344

Road patrols ...

Railway police ... ... ...

... 109

River police ... ... ...

Total

3,050

Constables. —The present establishment numbers 18,798. For rural stations
moderate estimates have been made by Mr. Carlyle and his total of 8,599 * s
accepted. To these must be added 250 men for maintaining communication
with the railway police.

For towns there are now 3,053 constables and 2,074 chowkidars. It is
proposed to substitute for these 4,848 constables and 711 chowkidars. Aeon-
stable should be more efficient than a town chowkidar and the Commission
would abolish the latter class altogether and give an equal number of constables
in their place. The total for towns will thus be 5,127.

The Head-quarters Forces have been increased by no men for the district
police reserves, as they are now called, in order to strengthen those forces at
certain places, such as Patna, Dacca and Mymensingh,

The estimate for railways is 984 constables, which is moderate. The
Bengal Government asks for 318 men for river police and this has been accepted.
The distribution will, therefore, be as follows:—

Stations ... ...

k *»

...

«»»

8,599

For maintaining communication with railway police

• * «

250

Towns ...

a*.

5,127

Head-quarters Forces

...

4,695

Railways

•**\

...

984

River police ...

<•*

...

318

Criminal Investigation Department

...

Buglers at training schools

Total

...

20,007

Reserve at «5 per cent, of strength

constables

and head

constables ... ...

—

...

• a »

4,069

Grand Total

• • a

24,076

Mounted constab!es.-~~At present there are only 4 mounted constables in the
Province and their utility is doubtful. They have therefore been omitted.

A deduction has been made on account of the salaries of the Superintend¬
ents provided for deputations, as none of these officers are employed on police
work in Bengal or Assam. Allowances for the officers and men employed in the
Criminal Investigation Department in accordance with the scale given in the
Madras note (Appendix X 1 II). #

329

ENGAL —contd

230

231

Bengal m*conctd.

232

233

APPENDIX XVI.

Estimate of the number of Police required in the United

Provinces.

The provinces consist of 46 districts, containing 886 rural, municipal and
cantonment police stations.

Inspector-General. —The pay of the Inspector-General is now Rs. 2,500,
and it is proposed to make it Rs. 2,500—100—3,000; the average pay will thus
be Rs. 2,833-5 4.

Deputy Inspectors-General. —In place of 3 existing Deputy Inspectors-
General 5 are provided, 4 being for ranges and 1 for railway police and
the Criminal Investigation Department. Their pay will be one on Rs. 2,000 and
two each on Rs. 1,750 and Rs. 1,500.

Superintendents. —The number of Superintendents is calculated thus :—

For districts ... ... ... ... ... 46

Personal Assistant to the Inspector-General of Police ... 1

Personal Assistant to the Deputy Inspector-General of Railways 1
Superintendents of railway police ... ... ... 3

Principal of the training school ... ... ... 1

Superintendent of Police, Ajmer ... ... ... 1

On deputation ... ... ... ... ... 2

Total ... 55

The Superintendent of Police, Ajmer, is now a member of the police'estab-
lishment of the United Provinces and the appointment should be included in
the cadre.

Assistant Superintendents. —The number of Assistants, calculated at 77'3
per cent, of the 60 superior appointments, will be 46. Of these 43’98 per cent, or
20 are available for duty as Assistants.

Deputy Superintendents.—The number of Assistants and Deputy Sup¬
erintendents’ charges are

46 districts, 4 recruit schools, Lalitpur sub-division, 5 cities (Benares,
Agra, Cawnpore, Allahabad and Lucknow), and Ajmer, i.e., a total
of 56 appointments. In addition to the 20 available Assistants,
36 Deputy Superintendents are, therefore, required.

Inspectors.— The present sanctioned number of Circle Inspectors is 76.
Mr. Brereton has calculated his requirements on the principle that no Inspector
should have a charge of more than eight police stations, and that for large cities
and large cantonments a separate Inspector is required. The estimate of 120
appears a reasonable one, as Roorkee, Meerut, Agra, Cawnpore, Allahabad,
Benares, Lucknow, etc., will require separate Inspectors for the cities and can¬
tonments.

2 34

The requirements, therefore, are :—

Circle Inspectors ... ... ...

... 120

Railway police (71 stations and 4,000 miles) ...

... 15

Head-quarters Forces ... ... ...

... 46

Prosecuting Inspectors (including railways) ...

... 49

For one provincial and four recruit training schools

... 16

Criminal Investigation Department

... 7

Total

... 253

Sergeants .—Platform sergeants for the railway police are provided as
follows: Moghal Serai i, Allahabad 2, Cawnpore 1, Tundla 1, Ghaziabad i,
Muttra 1, Benares I, Fyzabad 1, Lucknow 1, Bareilly 1, Jhansi i, or 12 in all.

In addition the Inspector-General estimates that 28 are needed for those
districts where there are large cantonments or large civil stations, and recommends
the more extensive employment of sergeants in hill stations. The total is 40.

The reserve of sergeants calculated on 40 sergeants and about 60 European
Inspectors at 10 per cent, of strength will be 11, making the grand total of ser¬
geants 51.

Sub-Inspectors .—The number of Sub-Inspectors is computed as follows *

For rural, municipal and cantonment police stations ... 886

Additional officers where crime is heavy ... ... 603

For railway police stations (71) with extra men at 10 stations 81

Subdivisional Prosecutors for Lalitpur, Benares, Agra,

Cawnpore, Allahabad and Lucknow ... ... 6

Readers to Superintendents, including Railway Superintend¬
ents, and for Assistants in charge of large cities and
Lalitpti ... ... ... ... 33

Total ...

Add a reserve at 14 per cent, of strength of Deputy Super,
intendents, Inspectors (excluding Europeans) and
Sub-Inspectors ... ... ...

Total

1,631

303

«,934

Head constables .—The requirements of head constables will
follows :—*

As station-house writers ... ... ...

For beat and miscellaneous duties in police stations
For out-posts and road posts ... ... ^

Extra men in heavy stations ...

Municipal, cantonment and town police (substituting 400
head constables for 602 existing jemadar chau-
k >dars)

Tahsil guards
Railway police

Treasury, magazine and other fixed guards at headquarters
Other headquarters duties (estimated)

886

238

662

195

189

300

Total

3,498

235

Constables .—The present number of constables in stations and out¬
posts and outside municipal towns is 9,173, and Mr. Brereton asks for 10,226 as
his requirements, fixing his minimum staff at 9 constables. This minimum is an
extravagant one, and with the reduction of duties to be performed by constables
no increase in the ordinary station strength can be required. As regards muni¬
cipalities, towns and cantonments there are now 2,860 constables and 6,093
chaukidars. It may be fairly assumed that the substitution of police constables
for the latter will add to efficiency, and the Commission consider that a case for
the increase of 1,500 constables asked for by the Inspector-General is not made
out. The increased efficiency effected by the substitution, of constables should
obviate the necessity of increase.

Requirements will then be

Stations and outposts ... ...

«•«

««•

9 ,i 73

Towns, cantonments, etc.

...

• ••

8.953

Tahsil guards ... ...

679

Head-quarters fixed guards

...

f «•

1,169

Other head-quarters duties (estimate)

1 • •

3,000

Orderlies to Inspectors ... ...

• ••

• • •

252

Bicycle orderlies ... ...

• • «

...

Railway police

• • •

65 *

Total

« « •

23,967

Add reserve at 15 per cent, of strength of constables and head

4,847

constables ...

• • «

Total

28,814

Mr. Brereton’s total estimate was 31,985. but that seem$.excessive.

Mounted police .-^The mounted police at present are: 8 Sub-Inspectors, 12
head constables and 392 constables. These Mr. Brereton proposes to reduce
to: 4 Sub-Inspectors, 10 head constables, and 246 constables; adding 90
to the cadre of constables for duty as bicycle orderlies. These proposals
have been accepted.

Allowances for officers and men of the Criminal Investigation Department
have been provided on the scale given in the Madras Note (Appendix XIII) ;
and the pay of the Superintendents provided for deputation has been deducted
for the reasons given in that Note.

The establishment provided for the training schools is probably inadequate,
but complete information is not available.

UNITED PROVINCES.

236

237

239

Grand Total

240

APPENDIX XVII.

Estimate of the number of police required in the Punjab.

The gazetted grades include the superior officers of the North-West Fron¬
tier Province. From Inspector downwards the requirements of each province
have been separately estimated.

Inspectors-General .—The pay of the Inspectors-General has been raised,
in the Punjab from Rs. 2,250 to Rs. 2,500—100—3,000, i.e., an average pay of
Rs. 2,833-5-4 per mensem, and in the Frontier Province to Rs. 2,000.

Deputy Inspectors-General .—In place of the 2 existing Deputy In¬
spectors-General in the Punjab, 4 such officers are provided: 3 for ranges,
and 1 for railways and the Criminal Investigation Department. The present
Eastern Range comprises 19 districts and must be formed into two ranges.

Superintendents .—The number of Superintendents in the two provinces
will be:—

For districts 27+5 ... ... ... ... 32

For railway police ... ... ... ... 2

Assistants to Inspectors-General ... ... ... 2

Personal Assistant to the Deputy Inspector-General in charge
of Railways and the Criminal Investigation Department. ... 1

For the Punjab provincial school ... ... ... 1

For deputation ... ... ... ... 6

The short length of railway in the North-West Frontier Province will con¬
tinue to be policed from the Punjab. The work of the Criminal Investigation
Department of the Frontier Province will be of great importance and there must
always be some officer at head-quarters to deal promptly with all reports and
references. An Assistant to the Inspector-General has accordingly been provided
for this purpose. The figure entered for deputations is a rough average.

Assistant Superintendents .—Including the two appointments of Inspector-
General, the number of superior appointments is 50, and 77-3 per cent, of this
number fixes the number of Assistants at 38. Of these 17 (or 43-98 per cent.)
are available for posts ordinarily filled by Assistants.

Deputy Superintendents .—Appointments to be filled by Assistant or Deputy
Superintendents will be :—

Districts, excluding Simla ... ...

Subdivisions of districts ... ... -

Cities (Lahore, Delhi, Amritsar and Peshawar)

" ‘T

' Recruit training schools . ... ... _

Total

241

For these 43 appointments 17 Assistants are available,'thus necessitating the
provision of 26 Deputy Superintendents in all.

Inspectors .—For certain large municipal towns and cantonments there
will be required 17 Inspectors; for circles of rural police stations (410 m number)
82 are needed; 27 are required for the Head-quarters Forces ; 27 as Prosecuting
Inspectors; 3 for offices of Deputy Inspectors-General; 10 for the Criminal
Investigation Department, including office establishment; 13 for training schools ;
and 11 for the railway police (9 for supervision, and 2 for prosecution), a total in
all of 190 Inspectors,

Sub-inspectors .—There are 410 rural, 7 cantonment and a8 municipal
police stations and 98 extra men are required for stations where the number of
investigations is excessive. A Sub-Inspector is provided to assist the Pro¬
secuting Inspector at the head-quarters of five large districts, and one for each
of the ten magisterial subdivisions. The following table shows the total re¬
quirements

Town and rural police stations ... ...

For prosecution at the head-quarters of large districts
For prosecution at head-quarters of magisterial subdivisions
Head clerks of district offices ... ...

Reader to Superintendents ... ...

Subdivisional readers ... ... ...

Accountant in L,ahore ... ... ...

Offices of Deputy Inspectors-General ...

The Criminal Investigation Department...

Training schools «•« M* •••

Railway police stations

Extra men in heavy stations on railways

Readers to Railway Superintendents ...

538

5
10
27*
27

6
1*

Total

702

Add for reserve, calculated at 14 per cent, of the strength of
Deputy Superintendents, Inspectors (less 51 European In¬
spectors) and Sub-Inspectors ... ...

141

Grand Total IM 843

Head constables.-— For duties in the rural, municipal, and cantonment
police stations enumerated above, including also the necessary establishment for

watch and ward, the head constables required will number

• at

», 3 I 3

For offices of Deputy Inspectors-General

For the Criminal Investigation Department

For training school staffs ... „•

• • •

For guards, road posts and outposts ... ...

• ••

212

For district head-quarters offices ... •«»

II*

252*

For Head-quarters Forces ... ... ...

For the railway police, including all head-quarters duties,

• ••

sta,-

381

tions house staffs, standing guards, patrols,etc.

»*<

148

Total

2,356

U the Commission's recommendations are accepted, clerks will be substituted for these men.

242

European sergeants. —For duty in the railway police at large railway
centres, and at cantonment stations where there is heavy passenger traffic of
Europeans, platform sergeants will be required to the number of 9. To this must
be added a reserve for both sergeants and Furopean Inspectors: the latter will
number about 51 and the reserve will be 7, making t6 sergeants altogether.

Constables. —The following table shows the requirements in detail. The
strength of the town and rural stations has been increased by 200 men for
the purpose of watching the arrival and departure of bad characters by rail and

maintaining communication with the railway police

For police stations (excluding railway police)

»*# • *»

8.564

Head-quarters Forces ... ...

<ci • • •

2,660

District offices

• •• •••

154 *

Training schools

Mi • • ♦

Criminal Investigation Department

*» • i|«

Tahsil guards, outposts and road posts ...

• * • Mi

1,404

Railway police, including all guards, patrol and
duties.

miscellaneous

820

Inspectors’ orderlies ... ...

* « « • • •

188

Reserve at 15 per cent, on strength of constables and head

2,854

constables.

Total if,668

Mounted constables. —The number of mounted constables has been left
as at present—195 in all; they will be paid at the same rates as foot con¬
stables and be given a horse or camel allowance.

Railway police.—-With the limits of the railway police made coterminous
with provincial limits, except as regards the North-West Frontier Province,
the Punjab will no longer police the North-Western Railway in Sind, but it will
take over portions of the East Indian and the Rajputana-Malwa Railways which
are not at present under the Punjab. The Inspector-General has calculated his
requirements for the portion of the North-Western Railway lying inside his provin¬
cial limits, but in the absence of information regarding the other lines, his estimate
has been made approximately only, in the same proportion as for the North-
Western Railway. A very large increase in the number of head constables and
constables was proposed, but as sufficient reasons were not shown for this, it has
not been accepted. Comparison with other provinces shews that the Punjab Rail¬
ways are more liberally policed already than most lines in India. It has been
possible to estimate other requirements according to the proposals of the
Commission, but for those portions of the East Indian and Rajputana-Malwa
Railways which lie within the Punjab only approximate provision is shewn.
These portions of line are, however, comparatively small.

Superintendents on deputation. —The salaries of Superintendents on deputa.
tion have been deducted, as these Officers are seconded and their salaries do not
form a charge against the regular police budget.

* If the Commisiipn’e recommendation* are accepted clerks will be substituted for these men.

243

Punjab—coM

244

4,2go o o j 5M8 o

245

Grand Total

APPENDIX XVIII.

Estimate of the number of Police required in Burma.

Inspector-General. —The pay of the Inspector-General has been raised to
Rs. 2,500—100—3,000, i.e., an average of Rs. 2,833-5-4 per mensem.

Deputy Inspectors-General. —Four Deputy Inspectors-General are required—
one for Railways and the Criminal Investigation Department, two for general
supervision of district work in Upper and Low'er Burma, respectively, and one as
Commissioner of the Rangoon City Police—on pay of Rs. 2,000, Rs. 1,75°, and
Rs. 1,500 (2). The Deputy Inspector-General, military police, has been excluded
from both sides of the account, which does not deal with the military police (see
paragraph 190 of Report). The office of Deputy Inspector-General for Supply
and Clothing has also been abolished for the reasons given in the same paragraph.

Superintendents —

The number of Superintendents required for districts will be ... 35

For the railway police ... ... ... ... 1

Rangoon city police ... ... ... ... 2

As Personal Assistant to Inspector-General ... ... . 1

For the provincial training school ... ... ... 1

For deputation ... ... ... ... ... 1

Total ... 41

A Personal Assistant has not been provided for the Deputy Inspector-
General in charge of the Criminal Investigation Department, as Colonel Peile
thinks this is unnecessary at present.

Assistants .—Assistant Superintendents, calculated at 77*3 per cent, of the
45 superior appointments, will number 35. Of these 43’g8 per cent, or 15 are
available for Assistants’ charges.

Deputy Superintendents .—The number of subdivisions in the provinse is
7S. But Colonel Peile notes that many of these are small charges, and he
considers that if the total number of Assistant and Deputy Superintendents be
fixed at 50, that would suffice. Taking this to mean 50 qualified and available
to perform the duties of an Assistant, the number of Deputy Superintendents
required will be 35. Every district will then have one Assistant or Deputy
Superintendent and 15 of them will have two. Recruits in Burma are to continue
to receive their training at district head-quarters for the present, so no provision
has been made for central recruit training schools.

Inspectors —The Commission at one time thought an Inspector would be
required for every township, but this would provide 191 circles for 390 police
stations, or about two stations to a circle, which is much too small a charge. If
the number of circles is fixed at 100, the average number of stations, after
making due allowance for towns, will still be little more than four. It is true the
areas are large but if an Inspector has only four stations to supervise he will
have time to travel long distances. For railways 5 Inspectors are needed,
5 for the provincial training school, and 5 for the Criminal Investigation
Department. The number of districts, including the railway and the Shan
States, is 38, and that number of* Prosecuting Inspectors may be necessary. In
Burma the military police takes the place of the Head-quarters Forces of other

247

provinces, and thus no Inspectors for such forces are necessary. The total of
the numbers given above is

Circle Inspectors

,,,

... IOO

Railways ... ...

• • •

... 5

Provincial training school

• ••

Criminal Investigation Department

|,|

Prosecuting Inspectors

• • •

... 38

*53

The present strength is 150, and as this closely approximates to the
estimated requirements, it is thought better to retain it for the present.

Sub-Inspectors .—In estimating the number of Sub-Inspectors it has been
assumed that the total number of stations is 412, but it is not clear if there
are not also some municipal and cantonment police stations not included in
this. Fifteen Sub-Inspectors have been provided as readers to Assistant and
Deputy Superintendents in charge of sub-divisions, but these figures may require
correction, as complete information is not available at present. A Sub-Inspector
has been provided as Public Prosecutor in each of the 78 Sub-divisional
Courts, Requirements are thus estimated as follows : —

For 412 police stations ...

412

Additional men for stations where crime is heavy

• • •

188

Readers to Superintendents

«•«

Readers to Assistant and Deputy Superintendents ...

4 * •

»5

District training depots

Criminal Investigation Department

««»

Provincial training school

Sub-divisional prosecutors ...

• • •

Reserve at 14 per cent, of strength of above plus Inspectors and
Deputy Superintendents ... ...

775

156

Total

• • 4

931

Head constables .—Taking the number of police stations as 412, the minimum
number of head constables required as writers and to assist the station-house
officers is 824. Allowing one more head constable for each of the 188
Sub-Inspectors provided for stations in which the work is heavy, the total becomes
1,012.

This does not include any provision for men in charge of guards which will
presumably continue to be furnished by the military police, nor does it probably
allow enough for towns.

Constables.— The present staff of constables is 11,433. Deducting 502

mounted men, and 2,010, provided as a reserve, the balance is 8,921, which is

the cadre for ordinary duties. To this must be added 150 as orderlies for In¬
spectors, making a total of 9,071. The reserve for constables and head constables
is 1.779, and the total strength of foot constables is 10,850, as compared with
the present strength .of 10,931. The present strength may, therefore, be re¬
tained.

Mounted constables .—The present number «f mounted, constables (502)
the Inspector-General proposes to retain as necessary.

Present. I Proposed

248

249

Burma —conoid

250

25 1

APPENDIX XIX.

Estimate of the number of Police required in the Central

Provinces.

Inspector-General .—The Inspector-General draws his grade pay . as
Deputy Commissioner, and at present this is Rs. 1,800. To this has been added
an allowance of Rs. 250 per mensem.

Deputy Inspector-General.-— One Deputy Inspector-General for Railways
and Crime has been provided on pay of Rs. 1,500—100—1,750; an average of
Rs. 1,666-10-8.

Superintendents. —The number of Superintendents has been calculated as

follows:—

For districts ... ... ... ... ... 18

For the railway police ... ... ... ... 1

Provincial training school ... ... ... ... *

Fersonal Assistant to the Inspector-General of Police ... 1

Assistant to the Deputy Inspector-General ... ... 1

For deputation ... ... ... ... ... 1

Total ... 23

Assistants.— The superior appointments number 24, and the number of
Assistant Superintendents will, therefore, be 19, of whom 8 (or a percentage of
43-98) are available to fill charges held by Assistants.

Deputy Superintendents. —These charges are 18 districts and 3 recruit
training schools, or 21 in all. It has been shown above that only 8 Assistants will
be available: 13 Deputy Superintendents are, therefore, required and pro¬
vided.

Inspectors. —The estimated strength of Inspectors is calculated thus :—

Circle Inspectors (one for each tahsil) ...

...

5 *

Inspectors in charge of towns

Head-quarters Inspectors ... ...

... 18

Prosecuting Inspectors (including railways)

... 19

Railway police ...

... 6

Criminal Investigation Department

Staff of training schools

Total

... "3

European sergeants.— European sergeants are provided as follows for
the railway police, cantonments, large towns with European populations and the
armed reserves:—

For the railway police ... ... ••• ••• ®

Armed reserves ... ••• ••• ••• 5

Cantonments and large towns ... ••• ••• 5

Reserve at 10 per cent, on strength of European Inspectors and

sergeants ... ••• ••• ••• 5

Total

2$2

Sub-Inspectors .—There are at present in the provinces 178 police stations
and 412 outposts, which are, in effect, subordinate police stations. This
system is universally condemned, and it is proposed to substitute 350 properly
manned police stations for the present 590 police stations and outposts combined.
Each of the 350 stations will require a Sub-Inspector in charge, and 14 additional
officers of that rank where crime is heavy ... ... 364

For prosecution in the four heaviest districts ..

For the railway police ...

For the training schools

Readers to Superintendents ...

Camp clerk to the Inspector-General

Criminal Investigation Department

Total ... 413

Adding a reserve of 14 per cent, of the strength of Deputy Super¬
intendents, Inspectors (excluding 31 European Inspectors) and
Sub-Inspectors ... ... ... ... 49 ®

Head Constables.-— For station-house duty 1,201 head constables are
required as writers, for beat and miscellaneous duty, standing guards at sub-

:s, etc. ... •••

• • •

... 1,201

For road posts

• * #

• •• 32

Guard duties at head-quarters ...

...

128

Railway police

* » *

... 52

Criminal Investigation Department ...

« * •

... 8

Armed reserves ... ...

1 ••

Training schools

»*«

Total

• •• i ,459

The number of head constables attached to stations was arrived at by Mr.
Cleveland by taking as the basis of his calculation an average of three for eacb
station (including men required for guards) and adding 151 for towns, etc. It is
admittedly only a rough estimate.

Constables.— Mr. Cleveland has similarly calculated the number of
constables at the rate of 12 for each station and has added 1,300 for large towns
and for guards and orderlies. The number of men attached to station-houses
at present is 4,761, which includes 528 men for treasury, lock-ups and distillery
guards. Deducting these there remain 4,233, which differs but little from the
Officiating Chief Commissioner’s estimate of 4,000. Part of the excess will be
required for maintaining communication between the district and railway police,
and the rest for giving the addition to town police required by the improvement
in the beat system. The existing strength of 4,761 has, therefore, been retained.
At head-quarters 1,008 men are required for guard, escort and orderly duty
(paragraph 18 of the Officiating Chief Commissioner’s Note) and 225 men are
provided as special armed reserves at Saugor, Hoshangabad, Jubbulpore, Nagpur
and Raipu 1 '. It will be necessary to retain a few road posts and Mr. Cleveland

estimates that 146 men will be required for this purpose. The total staff will be
as follows

Police stations ... ...

... 4,761

Road posts

. ... 146

Head-quarters Forces and special reserves

• ••• 1,233

Railway police ... ... ...

300

Criminal Investigation Department

Buglers (training schools) ... ... ..

Total ... 6,462

Add a reserve at 15 per cent, of the strength of constables and

head constables ... ... ... ... 1,398

Grand Total 7,860

This is 367 in excess of the Hon’ble Mr. Hewett’s estimate, but he made an
allowance of only 5 per cent, for leave.

Mounted constables .—The Inspector-General has proposed to retain the
present force of 100 mounted men, and this has been accepted.

Allowances .—An allowance of Rs. 200 a month has been entered for the
Assistant to the Inspector-General, but probably a smaller allowance would be
sufficient. For the officers and men of the Criminal Investigation Department
the scale given in the Madras Note has been adopted.

CENTRAL PROVINCES

254

The Inspector •General draws his grade pay as Deputy Commissioner at present this is Rs. 1,800 per mensem.

Central Provinces— concld.

25 6

APPENDIX XX.

Estimate of the number of Police required in Assam.

ASSAM.

Gazetted Officers.*— The gazetted officers of Assam are deputed from Bengal;
they are therefore shown in the Bengal cadre. An allowance of Rs. 250 per
mensem has been provided for the Inspector-General, who now draws only the
pay of his grade as Deputy Commissioner.

Inspectors .—There are in Assam eight districts and four hill tracts, with
114 police stations in all. The staff of Inspectors will be :—

Circle Inspectors ... ... ... ... 16

Head-quarters Forces ... ... ... ... 8

Prosecuting Inspectors ... ... ... ... 8

Training school ... ... ... ... 1

Total .,. 33

In the hill tracts neither Prosecuting Inspectors nor Head-quarters Inspectors
are required. It is proposed to have one training school for both Sub-Inspectors
and recruits, with an Assistant Superintendent or Deputy Superintendent in
charge. For this school one Inspector is provided. •

Sub-Inspectors, —The number of Sub-Inspectors will be

For police stations ... ... ... ... 114

Extra men in heavy stations ... ... ... 46

Prosecuting Sub-Inspectors ... ... ... 8

Readers to Superintendents ... ... ... 8

Training school staff ... ... ... ... 2

Reserve at 14 % of strength of 186 Sub-Inspectors and 33

Inspectors ... ... ... ... ... 34

Total ... 2J2

Head constables,— Head constables are provided as follows :—

For stations, as writers and for beat and miscellaneous duty ... 228

Extra men in heavy stations ... ... ... 46

Naga, etc., Interpreters ... ... ... ... 3

Training school ... ... ... ... 4

Headquarters duties ... ... ... ... 60

Total ... 341

Constables. —The present staff of constables is 2,335, an ^ Mr. Davis asks
for a small addition making the total 2,423. In this, however, he has included
men for the performance of work which has been transferred to head constables.
The strength of head constables is 168 in excess of the number asked for, and
that number can be deducted from the proposed strength of constables, which
will then stand at 2,255.

oiC's Si frSi “ p-iE h

Assam— concld.

260

APPENDIX XXI.

Estimate op the number of police required in the North-West

Frontier Province.

Gazetted officers. —The gazetted officers are included in the Punjab cadre.

Inspectors. —There are in the province 64 rural police stations besides muni¬
cipal and cantonment stations. Circle Inspectors will be 14 in number, and
there will be, in addition, 5 Prosecuting Inspectors, 5 for Head-quarters Forces,
1 for the cantonment of Peshawar, 1 for Peshawar City, and 8 for the Criminal'
Investigation Department, a total of 34.

Sub-Inspectors.—- As officers in charge of police stations, rural, municipal
and cantonment, go Sub-Inspectors are required, calculated on the principles
laid down, i.e one Sub-Inspector for every 100 cases. Additional Sub-Inspectors
to the number of five are required as head clerks; three Prosecuting Sub-In¬
spectors are provided for Peshawar, and for the subdivisions of Tonk and Hoti
Mardan; 8 are required as Readers to Superintendents and 3 subdivisional
Police Officers: and there will be 8 for the Criminal Investigation Department—
total 114. The reserve at 14 per cent, of the strength of Inspectors and Sub-
Inspectors comes to 24, which gives a grand total of 138.

Head constables. —For police stations, rural, municipal and cantonment
192 head constables are provided; in addition 16 for the Criminal Investigation
Department, and 200 for head-quarters duties, guards, escorts, etc., a total of
408.

Constables.— Detailed information regarding the establishment of constables
is not available, but Mr. Hastings estimates his total requirements at 3,962 men,
and that figure has been adopted.

Mounted constables —No change is proposed in the number of mounted
constables, namely, 157 in all.

Criminal Investigation Department. —This Department has been made
relatively stronger than in other provinces, as it will have heavy work in watching
bad characters who cross the frontier, and frequent calls will be made upon it to
supply men to assist in other provinces to which Pathans resort.

NORTH-WEST FRONTIER PROVINCE

Mounted constables <153)

Allowances

263

264

APPENDIX XXII.

Estimate of the number of Police required in the Hyderabad

Assigned Districts.

Inspector-General.—‘The Inspector-General is a member of the Commission
and graded as such. He is also Inspector-General of Jails, Stamps, etc. The
rate of pay without allowances is Rs. 1,833-5-4.

Superintendents.— There are six districts in Berar, and also the railway
police force on the Nizam’s State Railway, and the Secunderabad cantonment
police. Superintendents are required as follows :—

For districts ... ... ... ... 6

Secunderabad cantonment ... ... ... ... s

Nizam’s State Railway ... ... ... ... 1

Total ... 8

Assistant Superintendents. —Calculated at 77*3 per cent, of the superior
appointments, the number of Assistant Superintendents will be 6.

Of these 43*98 per cent., or 3, are available to fill posts requiring an Assist¬
ant or Deputy Superintendent.

Deputy Superintendents .—Such posts are

Districts ••I ••• **i *«# 6

Recruit school ... ... ... ... ... 1

Personal Assistant to the Inspector-General of Police ... *

Total ... 8

Five Deputy Superintendents will, therefore, be required. ( A recruit school
will be needed, but Sub-Inspectors under training may be sent to the Central
Provinces’ provincial school.

Inspectors. —The present number of Inspectors is 25—

18 in Berar in charge of taluqs,

1 in Berar railway police,

1 in Secunderabad cantonments,

1 in Hyderabad Residency bazaars,

4 in the Nizam’s State Railway.

265

Inspectors in Berar as a rule have charge of one taluq each, but four have
charge of two taluqs each. There are in all 78 first class and 39 second class
stations, i.e., 117 investigating centres. The statistics supplied by the Inspector-
General do not shew areas of each station separately, but only taluq areas ; and
the areas of second class stations are included in those of the first class station
to which they are attached. In only 3 taluqs are the average areas over 200
square miles, and having regard to the very small number of investigations in
some stations, it would appear feasible and advantageous to reduce the number
of stations to 100, by combining small stations where crime is light. It will pro¬
bably be sufficient to give two Inspectors to each district except Wun, for
which four are required. With such an arrangement the number of Inspectors
might be :—

Circle Inspectors
Berar railway police
Secunderabad cantonments ...

Hyderabad Residency bazaars
His Highness the Nizam’s Railvvay
Court prosecutors
Head-quarters Forces ...

Recruit school

Total ... 34

Sub-Inspectors .—The number of Sub-Inspectors would be

In police stations ... ••• .. loo

Extra men in heavy stations ... ... ... ... 6

Secunderabad cantonments ... ... ... 6

Berar Railway ••• ••• ... 3

Hyderabad Residency bazaars ... ... ... 3

Nizam’s Railway ... ... ... ... 10

Recruit school ... ••• ••• ••• 1

128

Reserve of 14 per cent, of Inspectors and Sub-Inspectors ... 26

Total ... 154

Head constables and constables .—In the absence of any detailed statement
of fixed duties, it is impossible to estimate the requirements in the ranks of head
constables and constables, and the establishment is therefore left at its present
figure. Head constables are, however, graded as in other provinces; and for
constables progressive pay has been given on the same scale as in the Central
Provinces. The number of head constables can probably be reduced.

HYDERABAD ASSIGNED DISTRICTS.

266

ore'S

267

268

APPENDIX XXIII.

Estimate of the number of Police required in Ajmere-Merwara.

Ajmer-Merwara has an area of 2,711 square miles and a population of
476,912. The town of Ajmer contains 73,839 inhabitants.

The present Superintendent of Police belongs to the staff of the United
Provinces, and in the proposals for those provinces provision has been made for
supplying an officer of this rank to Ajmer-Merwara. It is also necessary to
provide in that cadre the Deputy Superintendent required for Ajmer-Merwara.

Inspectors. —There are at present three Inspectors; this number should be

increased to five and distributed as follows :—

Ajmer town ... ... ... ... ... l

Rural circles ... ... ... ... ... 2

Prosecution ... ... ... ... ... x

Head-quarters Forces and training school ... ... 1

Total ... 5

Sub-Inspectors. —There are now 18 police stations, but Goella has a
population of only 12,500 and on an average only 41 investigations per annum.
This station might, therefore, be combined with some other. For the 17
stations that remain, 17 Sub-Inspectors are required. In Ajmer town there
are on an average nearly 700 investigations per annum excluding false and
sanitary cases. Four Sub-Inspectors have, therefore, been provided for this
station ; and two extra Sub-Inspectors have been provided for each of the
stations of Nasirabad and Beawar. One prosecuting Sub-Inspector is required,
and it will be for the local authorities to determine whether his head-quarters
should be at Ajmer or Beawar. One Sub-Inspector has been provided for the
training school for recruits, which should be opened at Ajmer, and two for the
office of the District Superintendent. The reserve calculated at 14 per cent,
of the strength of Inspectors and Sub-Inspectors is 5, and the total number of
Sub-Inspectors is thus 33. These Sub-Inspectors should be trained at the
provincial training school of the United Provinces.

Sergeants. —There is now one sergeant and he will be retained on his
present salary of Rs, 100 per mensem.

Head constables , constables and mounted constables. —It is not proposed
to make any change in the strength of these ranks, but the last grade of
constable should be abolished. The pay of the head constables and constables
will be the same as in the United Provinces. For the purpose of calculating
the proportion of constables in each period of service the percentages obtained
from the United Provinces have been followed.

AjMER-MERWARA

270

APPENDIX XXIV.

Estimate of the number of Police required in Coorg.

The province of Coorg has an area of 15,812 square miles and a popu¬
lation of 181,000. The District Magistrate is the Superintendent of Police,
but the functions of the Superintendent are for the most part performed by the
Assistant Superintendent, who is borne on the Madras cadre. There are four
Inspectors, including one for the office; their pay ranges from Rs. 50 to Rs. 100
per mensem. As the pay of the Subedar (Tahsildar) in Coorg is only Rs. 150,
it is not desirable to introduce into this small province the scale which has been
advocated for the rest of India. It is suggested, therefore, that the Inspectors
should receive Rs. 100, Rs. 125 and Rs. 150, respectively. With the improve¬
ment of the class of station-house officers proposed below, three Inspectors will not
be required for supervision, for which duty two will be sufficient. On the other
hand there will be one Prosecuting Inspector, as it is pointed out that the work of
prosecution is not now satisfactorily performed. These four Inspectors should be
graded as follows:—

1st grade ... ... ... ... ,

2nd » ••• ••• ... ... 1

3 rd n ... ... ... ... 2

The Circle Inspectors should receive one rupee a day travelling allowance
and the others Rs. 15 a month horse allowance as in other places.

There are now 26 police stations, which gives an average area of only 61
square miles. The number should be reduced at least to 16. For each of them
a Sub-Inspector will be provided. There should also be a reserve of three Sub-
Inspectors, making the total 19.

There are now 28 bead constables. As the writer at every police station
should be a head constable, and as it is necessary to provide an additional head
constable for each station, the number has been raised to 32.

There are now 191 constables and they are paid Rs. 9 and Rs. 10 a month
according to class. No change has been proposed either in strength or in pay,
but it should be considered whether the system recommended for the other parts
of India of regulating pay according to the length of service should not be
adopted in Coorg also. If the initial pay were made Rs. 9 and it were increased to
Rs. 10 after 3 years service, and to Rs. 11 after 8 years service, there would pro¬
bably not be much increase in the total cost. It has not been possible to make
a complete statement of the present cost of the police in Coorg, as it is not known
how the head constables are graded, or what allowances are given to those in
charge of a police station. The cost, however, of regrading Inspectors, and
providing 19 Sub-Inspectors will be Rs. 16,900, while the cost of travelling allow¬
ance to Inspectors and horse allowance of Rs. 15 per mensem to each Sub-Inspec¬
tor will be about Rs. 4,260.

Proposed.

272

APPENDIX XXV.

Estimate of the number of Police required in the Civil and

Military Station, Bangalore.

The Superintendent is borne on the Madras cadre, but he receives a fixed
salary of Rs. 700 per mensem. It would probably be more convenient if he
were given his grade pay, the civil and military station being debited with the
average cost of the Superintendent. In any case, no allowance is necessary.
No Assistant Superintendent or Deputy Superintendent is required. In addition
to the civil and military station, the Superintendent is also in charge of 316
miles of railway.

Inspectors. —There are two Inspectors for Bangalore and one for the railways.
They receive Rs. 120, Rs. 150 and Rs. 175. They should be graded at Rs. 150,
Rs. 175 and Rs. 200. There is also a head-quarters Inspector, who is apparently
in charge of the office of the Superintendent. His pay is Rs. iao, and he also
receives an allowance of Rs. 40 for his work in connection with railway police. If
it is determined to employ an Inspector on this duty, one appointment may be
added to the grade on Rs. 150. There are no complaints regarding prosecution,
and no Prosecuting Inspector has, therefore, been provided.

Sub-Inspectors.—? There are now 12 Sub-Inspectors and their pay ranges
from Rs. 40 to Rs. 85. Two of them are apparently employed in the office and their
places could possibly be taken with advantage by clerks. ' They have, however,
been retained for the present. For the seven police stations in Bangalore
7 Sub-Inspectors are required. It is proposed to reduce the number of railway
police stations from 8 to 3, and a Sub-Inspector should be placed in charge of
each. One officer of this grade is also required for the training of constables.
Two Sub-Inspectors have been provided as a reserve to fill vacancies : the total
will thus be 15.

Head constables.— There are only two grades of head constables, the pay be¬
ing Rs. 20 and Rs. 30, respectively, but there is"also a rank of sergeant divided into
3 grades, the pay being Rs. 10, Rs. 12-8-0 and Rs. 15. This rank should be amalga¬
mated with that of head constable, and the pay of the head constables should be
the same as in the rest of India——Rs. 15, Rs. 20 and Rs. 25. There are now 68
sergeants and head constables, and in the proposed scale 68 head constables
have been entered.

Sergeants or European head constables.— There is now one officer of this
rank employed on the railway. It is proposed to increase the number to 3.

Constables.— There are 4 classes of constables, the pay ranging from Rs. 7 to
Rs. 10. The progressive system of pay which has been recommended for other
parts of India should be adopted. The rates would be Rs. 8 for men under 3
years of service, Rs. 9 for men between 3 and 8 years of service, Rs. 10 for men
between 8 and 15 years of service, and Rs. 11 for those over 15 years of service.
There are now 132 constables for 316 miles of railway, which is excessive
when compared with scales of other railway forces. The number has accordingly
been reduced to 100, which makes the total force of constables 337.

Apparently the present strength of constables includes reserve for leave and
other vacancies, so nothing has been added on this account.

CIVIL AND MILITARY STATION OF BANGALORE

273

Civil and Military Station, of Bangalore —concld

Deduct Rs. 25 p;
allowance of
spector under I

2 75

APPENDIX XXVI.

PART I.

Abstract showing cost of Commission’s recommendations.

Province.

Present cost.

Proposed cost.

Increase.

Rs.

Madras

...

»* *

3 3 , 97 > 2 7 6

63,67,265

30,69,989

Bombay

**•

•V*

40,82,629

54 , 73,589

13,90,960

Bengal

• • a

43 > 74,652

78 , 58,448

34,83,796

United Provinces

50,22,748

76 , 65,155

26,42,407

Punjab

...

29,34,780

45 , 70,545

16,35,765

Burma

35,08,2 >2

41,01,661

5 , 93,449

Central Provinces

...

« 3 ,i 9 » 7 l6

2 4 > 45 , 3*7

11,25,601

Assam

4,79,227

6,32,523

1,53,296

North-West Frontier Province

4,01,436

6,83,028

2,81,592

Berar

...

• • a

5 , 77,214

8 , 47,436

2,70,222

Ajmere-Merwara

• • •

96,108

1,40,136

44,028

Coorg

«*«

27,237

5 U 375

24,138

Bangalore

...

65,976

80,376

14,400

Total

a • .

2,61,87,211

4,09,16,854

1,47,29,643

APPENDIX XXVI

PART II.

Abstract of present and proposed strength and cost on

ACCOUNT OF PAY OF EACH RANK OF THE POLICE.

Strength.

Cost.

Increase.

Rank.

Present.

Proposed.

Present.

Proposed.

Strength.

Cost.

Remarks.

Inspectors-General ...

10 i

2,55,400

j 3,04,600

49,200

Deputy Inspectors-
General (including
Commissioners of
City Police).

16 ^

2,71,600

6,08,000

3,36,400

♦

Superintendents* ...

284

333

22,39,020

32,80,800

10,41,780

Assistant Superintend¬
ents.

233

374

9,58,800

I4,OX,600

4 »

4,42,800

Deputy Superintend¬
ents.

...

219

„ 9,36,000

219

9,36,000

Inspectors ...

M 59

1,62a

19,70,970

33 , 79 , 8 oo

463

14,08,830

Sergeants ...

III

232

93,720

2 , 43 , 48 o

221

1,49,760

Sub-Inspectors ...

5,503

9,899

33,18,156

77,68,920

4,396

44,50,764

Head constables

* 7 , 38 a

>8,657(0)

33,77,214

42,58,230

1,275

8,81,016

(a) This includes
some belonging
to the mounted
staff whose

allowances are
shown under

cost of mounted
police.

Constables (including
town chaukidars).

1,17,328

X, 37,532

I,> 7 , 55 ,213

1,61,58,699

20,304

44,03,486

Mounted constables

2,781

2,421

7,47,>o8

7,12,614

—360

—34,494

(Decrease).

Total

>, 44,707

1,71,219

2,49,87,301

3 , 90 , 52,743

26,512

1,40,65,542!

• In the present strength and cost the Superintendents of City Police in Madras, Bombay, Calcutta and
Rangoon, are included.

t This figure differs from that given'jn Part I, as the latter includes allowances of all kinds, while this state¬
ment refers to pay only.

INDEX,

Accomplice, tender of pardon to, 128.

Accountant, village, responsibility of, for reporting
crime, 32.

Accounts, Bombay system of, recommended, 131.
Adjournments: see ‘ Remands.’

Akbar, his police system, 5.

Allowances, for constables, 40 ; good conduct, no
longer required, 41 ; for principal, provincial train¬
ing school, 44; horse, for sub-inspectors, ii.% travel¬
ling, for inspectors, 46; local, not required for
district superintendents, 49; for European inspectors,

58; for superintendents in presidency towns,
69; for superintendents and assistant superinten¬
dents, railway police, 74; for officers of the criminal
investigation department, 212.

Appeals, from departmental orders, 60.

Approver, taking an, 128.

Armed police, 54—56; in presidency towns and
Rangoon, 71.

Arrest, 103, ill; informal, 113; powers of village
watchman to be enlarged, 33 ; See ‘ custody.’

Assam, visit of Commission to, 2; village police of,

28 ; police establishment recommended for, 258.
Assistant Superintendents, recruitment of, 47;
training, 48 ; pay, 49 5 powers of punishment, 59 5
number of, required, 134; new scale of pay for, to
be introduced at once, 138.

Bad characters, 96 ; rules for reporting movements
of, 181 ; see ‘ Habitual Criminals.’

Bad livelihood: See ‘Good Behaviour.’

Bail, 109.

Batta, see ‘ Allowances.’

Beat system, 37, 97 ; in towns, 99, 186.

Beluchistan, no inquiry regarding police of, 3.
Bengal, visit of Commission to, 2 ; State of police
in, 14 ; village police of, 28 ; police establishment
recommended for, 225. ^

Berar, see ‘ Hyderabad Assigned Districts.

Black Marks, Madras system of, 59, 169. _

Bombay, visit of Commission to, 2 ; reorganization ot,
police of, 9’; village police in, 24 ; police establish¬
ment recommended for, 216.

Bombay City, police of, 65.

Buildings, 62; in presidency towns and Rangoon,

Burma, visit of Commission to, 2; village police hi,
27 ; block of promotion in superior grades of police,
134; police establishment recommended for, 246.

Calcutta, police of, 65.

Cantonment police, 75.

Case diary, 112, 187.

Cattle-thept, 100.

Central Provinces, visit of Commission to, 2 ; vil¬
lage police in, 26 ; police force recommended for,
251 -

Charge sheet, 112, 187.

Chaukidar: see ‘ Village Watchman, and Village
Police.’

ChaukidaRi Act, Bengal, 29.

Chaukidari cess, incidence and assessment of, in
Bengal, 30; recommendations for a, 34.

Chaukidari parades, in Bengal, condemned, 34.
Chur (alluvial) lands in Bengal, prompt settlement

of disputes regarding, recommended, 16.

Cities, police of, 4 > 6; presidency towns and Ran¬
goon, 63. ,

Clerical establishments, should not be enrolled,
132.

Clerk, Sir George, remodels the Bombay police, 9.
Cognizable offences, 107. >

Commission : see ‘ Police Commission.
Commissioners, Divisional, first appointment of, 0,
their failure as Superintendents of Police, 9 ; given
control of police in Bombay, 11; relations of with
police, 76, et seq. ; in Sind, 78

Commissioner of Police* appointed for Bombay
Presidency, 10 ; for Madras (under title of Inspector-
General), 10; abolished in Bombay, 11 ; in Presi-
dency towns and Rangoon, 65; recommendations
regarding, 68.

Complaints, record of, 103.

Conferences of Inspectors-General, to be held
periodically, 122.

Confessions, 115.

Constables, pay of, insufficient, 14; training inade¬
quate, 15 ; duties to be assigned to, 37 ; qualifications
of recruits, 38 ; training of, 39 ; pay of, 40 ; number
of required, 135 ; European, 70 ; in presidency
towns and Rangoon, ib.

Co-operation, between district police and police of
presidency towns, 66; between district and railway
police, 73; between police officers generally, 98;
between Imperial and Provincial Criminal Investi¬
gation Departments, 120; with Native States, 121;
of Revenue Department, 97.

Corruption, removal of officers with reputation for,
60.

Cost, estimated, of Commission’s recommendations.
137 -

Courts, delay in, 128; in Calcutta, 72.

Court Inspector, 123 : See ‘ Prosecuting Inspector."

Crime, reporting of, not wholly satisfactory, 22:
by village headmen, 22, 23; by landowners in
Sind, 24 ; responsibility of village accountant for,
32 ; general discussion of subject of reporting of,
103 ; prevention of, 87, et seq.

Criminal Investigation Dept, for each province,
117 j for the whole of India, 118 ; relations with
Native States, 121 ; in presidency town and
Rangoon, 71.

Criminal tribes, settlement of, 12 ; treatment of, 93.

Custody, mitigation of hardships of, 113.

Daffadari system, Bengal, 29.

Darbhanga, Maharaja of; note of dissent by,
152 ; discussion of note of dissent, 31, 84.

Daroqas, institution of, 5; condemned by Court of
Directors, 7; but retained in Bengal, 8; abolition
of, in Calcutta, recommended, 69.

Deputy Inspector-General, duties, pay and
pension of, 53; powers of punishment, 60 ; number
required, 133. , ...

Deputy Superintendents, recruitment and training,
50; pay, 51; powers of punishment of, 39 ; numbers
of, required, 134- . , ,,

Diary of investigating officer, 112, 187; of other
officers, 198.

Discipline, 58; See ‘ Punishment.

District Magistrate, appointed head of police, 6 ;
office of, transferred from Judge to Collector, 7 ;
proposal to deprive, of control over police in Madras;
10; interference of, in matters of discipline, 58 ;
right of veto on promotion of Sub-Inspectors, 45,
60 ; relations of, with police, 76, et seq.; views of
Maharaja of Darbhanga regarding, 152, 84.

District officers, their attitude to village headmen,
36 -

Education, test for constables, 39 ; for sub-inspec¬
tors, 43 ; see ‘ Training.’

Elphinstone, Mountstuart, his opinion ot indigenous
police system, 4; °f native system of justice, 6 .

English Constabulary Force Commissioners,
report of the, 22. „

European officers, 45 ; subordinates, 58; in presi¬
dency towns and Rangoon, 69, 70.

Evidence, record of, by police, 112; tendered to
police by accused, in obligation of witnesses to
sjllak rulv, 116.

• •
11

Index.

Finger Impressions, identification by, 83 ; bureau of,
to form part of Criminal Investigation Department
in each province, 118; central bureau for all India
1*9 > separate bureau for Calcutta unnecessary, 71.

First Information Book, 104, 187.

First offendees, 102.

Good Behaviour, security for, 89.

Good Conduct Allowances, abolition of, recom¬
mended, 41.

Grading, method of, 137.

Madras City, police of, 6;.

Magistrate, relations of,“ with police, 76, 82. See
also 1 District Magistrate.’

Manuals, police, of each province, 131.

Military police, 10,56.

M poiir f e°io ERY , S ' r Robert * re ' or ganizes Punjab

Mounted police, 56; in presidency towns and
Kangoon, 70, ‘

Mukhiyas, 25.

Municipal Police, 75.

Munro, Sir Thomas, his opinion of eariv police
system, 5; changes introduced by, 7.

Habitual criminals, 87, et seq. ; reform of, 101 :
■bee also ‘ Previous convictions,’ ‘ Criminal tribes ’
and ‘ Finger Impressions.’

Halliday, Sir Frederick, on appointment of Superin-
tenaent-Generai of Police, 9; on independent posi-
tion of Commissioner of Police, Calcutta, 66.

Handcuffs, use of, 113.

Head constables, employment of, ns investigating
officers condemned, 41 ; duties and pay of, 42 ;
number of, required, 133. ; in presidency towns and
Rangoon, 70.

Headman : see ‘ Village headman.’

History of Police in India, chapter II, 4, et seq.

History sheets, use of, for bad characters, 96.

Hyderabad, visit of Commission tp, 2.

Hyderabad Assigned Districts, police establish¬
ment recommended for, 264,

Information, communication of, 98 ; record of, bv
police, 103, 187. ’ 3

Informers, use of, under Akbar, 5 ; j„ Bengal, 8.

Inspectors, present character of, 18 ; their duties
45 ; pay and travelling allowance, 46 j promotion’
01 ; in presidency towns and Rangoon, 6a: prose*
cutmg, 126 ; number of, required, 135.

Inspector-General, first appointment of, in
Bengal, 0 ; Mr. Hailiday’s proposals regarding, 0 •
appointed in Bombay under title of Commis¬
sioner ot Police,10; in Madras, 10; elsewhere,
U ; abolished and then restored in Bombay, u -
selection and pay of, 53 ; periodical conferences of
Inspectors-General 122.

Investigating Officer, corruption of, 15; employ¬
ment of constables and head constables as, 17, 37 ■
bad system of recruiting and training, 18 ; diary of,
112; attendance of courts by, 127. Sec‘Sub-In¬
spector.’

Investigation of offences, importance of, 18 • atti¬
tude of people towards, 22 ; to be conducted by
sub-inspectors, 41, 69 ; to be made on the spot, 104 ;

when optional, 105 ; general conduct of, no; close

of, in; record of, ns; supervision of, 116.

J-

Jirga, settlement of disputes by, 27.

Judicial and Executive functions, separation of
76, et seq. views of Maharaja of Darbhanga re-
garding, 152 ; his views discussed, 84

Justice, native methods of, 6.

Kotwal, 4; under Akbar, 5.

Landowners, responsibilities of, 4; reporting of
crime by, in Sind, 24 ; in United Provinces, 25.

Lock-ups, judicial, necessity for, in. d "

M DoHce S of !S to ° f •r° mmis f-' 0n . t0 ’ 2 i organization of
police of, to, vihage police in, 23 ; large districts in

require two superintendents; police establishment
recommended for, 209. cstaonst*ient

rapier, Sir Charles, organizes police in Sind, 9.
Natives, career for in police, 50, 51, 137, 150; em¬
ployment of m presidency towns, 69 ; employment
ot, as superintendents, 50 ; views of Maharaja of
Darbhanga regarding recruitment of, 156, 51
Native States, police of, to be made efficient, 121 ;
to be brought into connection with the Imperial
Criminal Investigation Department, ib.

Nazar Raid (informal arrest), 113.

North-West Frontier Province, visit of Com¬
mission to, 3 ; police establishment recommended
for, 261 ; jirga system of, 27.

Nuisance cases, 107.

Offenders, First, 102.

Offences ; see * Crime,’ * Petty offences ’ and ‘ Cog¬
nizable offences.’

Optional investigation, 105.

Organization, recommendations regarding, chapter
lv > 37 > city police, 68 ; railway police, 74.

Panchayat, village, in Bengal, 29 ; should exercise
control over village po'ice, 30 ; and be empowered
to try petty cases, tb. e

Pardon, tender of, 128.

Patrols, of roads, g9

Pay, of constables, 40 ; of head constables, 42; of sub-
inspectors, 41; inspectors, 46 ; superintendents and
assistant superintendents, 49; deputy superintend¬
ents and native superintendents, 51 ; depntv
inspector general, 53 ; inspector general, 53, 54 - j„
presidency towns and Rangoon, 70 ; railway police.

Pension, special for deputy inspector-general, 57; for
widows and children, tb.; period of service for 62
People, attitude of, towards police work, 15, 22
F ETTY offences, reporting of, 22 ; trial of, by village
headman, 23, 24, 27; by jirga, 27; trial of, by
landowners m Assam, 28 ; by panchayats in Bengah
30 ; extension of system recommended, 35 ; investi¬
gation ot, by police, 106. JD ’

P0 A LI Akhnr’ t0ry ,° f ’ 4 ’ 6i f e T ; ind 'S enous system of,
4, Akbar s system, 5 ; failure of indigenous system

Ifiiut'of S f r ° dU , Ced , by BHt . isb ^ inquiries into
failure of, 7 ; in Sind, organized by Napier, q •

present organization of, n- causes of failure 12 -
^ n r n rU P t,on , a,ld ’"efficiency of, 14 ; popular imprest
sion regard mg, 14—20 ; recommendations for orga-

v 37 to6a a)n r ng a P3y and disci P !ine of, chapter
v, 37 to 64; armed, 54, 71 ; mobilization of, 56;

m litary, ib mounted, zb. ; reserves, 57; uniform
62; uniformity of nomenclature, 63 ; relations of, with
laihvay police, 73; river police, 75 ; municipal and

relations of, with Commis¬
sioners and District Magistrates, 76, et sea • with
magistrates generally, 82; attitude of courts towards,
, nd str ' ctures °n. 83 ; criticism of judicial work bv’

teiegranh g nS en f ° r u ? e of railways and the

telegraph, 98 ; special constables, 101 ; additional

(punitive), tb. ; work of, throughout India to be

K?' "■* 03 -

Index.

Police Act, Madras, io ; V of 1861, passing of,
n ; for all India, 63.

Police Commission, appointment of, and terms of
reference to the, 1; tour of, 2 ; public sittings of, 3;
method of inquiry of, 2 ; summary of recommenda¬
tions of, 139 ; of i860, recommendations of, 10.

Police Committee, 1838, report of, 9.

Police Supervision, under section 565, Criminal
Procedure Code, 92 ; of bad characters generally,
96.

Policeman : See “ Constables ”

Presidency towns, police of, 65.

Prevention op crime, 87, et seq.

Previous convIction, proof of, at any time before
release, 87 ; by courts ip Native States, 88 ; trial of
persons charged with, ib.

Promotion from ranks to post of investigating
officer condemned, 18; powers of, of different
grades of officers, 61

Prosecution, chap, ix, 123-129; reluctance of
people to undertake, 22 ; present arrangements, 123 ;
remedies proposed, 125 ; in presidency towns and
Rangoon, 71,

Prosecuting inspectors, 126.

Provincial service, creation of a, for police de¬
partment, 30.

Public prosecutor, 123-127.

Punishment, different kinds of, 59 ; powers of, of
different officers, ib ; removal of officers of bad repu¬
tation, 60; removal of inefficient officers, 61.

Punitive police, ioi.

Punjab, visit of Commission to, 3 ; organization of
police of, 10; village police of, 26 ; police establish¬
ment recommended for, no.

Q-

Quarters, free, 62 ; for superintendents in presi¬
dency towns and Rangoon, 69.

Questions, framed by Commission for each prov-

~ ince, 2 ; answers to, how dealt with, ib.

Railway Police, systems of, 72 ; watch and ward
duty not to be performed by, 73 ; relations with
district police, ib; organization, pay and training of,
74 ; extension of powers of search of, ib.; investiga¬
tion of ‘ shortages ’ by, ib.; examine of seals on wag¬
gons, 75.

Railways, police to be given facilities for using,
98.

Rangoon, police of, 93.

Receivers, ioo.

Recommendations, of Commission, summary of,
139; cost of, 137; introduction of, to be gradual,

Shortages, investigation of, by railway police, 74.

Sind, visit of Commission to, 3 ; police of, organized
by Napier, 9 ; reporting of crime by landowners in,
24 ; position of Commissioner in, 78.

Slebman, Colonel, his operations against thagi, 12.

Special constables, ioi.

Statistics, use of, as test of police work, 130.

Station-House Officer ; see ‘ Investigating
Officer.’

Stoppages, for clothing, etc., condemned, 40.

Strength of police, estimates of, required, 133.

Sub-Inspectors, recruitment of, 42 ; training, 43;
pay, 44; promotion, 61; in presidency towns and
Rangoon, 69; number of, required, 135 ; prosecut¬
ing, 126.

Superintendent of Police, appointed for each
district in Bombay, 9; in Madras, 10 ; elsewhere,
11 ; present character of, 19, 47 ; their ignorance of
the vernacular, ib.; attitude of, towards village offi¬
cers, 33; pay of, 49; employment of natives as, 50;
powers of punishment of, 59 ; in presidency towns
and Rangoon, 68; estimates of number required,
134; minimum pay of to be raised at once, 138.

Surveillance. See ‘ Police supervision.’

Telegraph, police to be given facilities for using, 98.

Tents, provision and carriage of, in Bombay, 49.

Thagi and DaKaiti dept., history of, 12 ; possible
supersession of, by Imperial Criminal Investigation
Department, 121.

Thikri chaukidari, Punjab system of, 35,101.

Torture, rarely resorted to, 17, 113.

Torture Commission, report of, 10.

Towns, beat system in, 99; lighting of, 100.

Trackers, use of, 101.

Training of investigating officers defective, 18 ; of
constables, 39; sub-inspectors, 43 ; assistant supe¬
rintendents, 48; deputy superintendents, 50; of
sub-inspectors and constables in presidency towns
and Rangoon, 70; of railway police, 74.

Training school, for constables, 39; for sub-in¬
spectors, 44.

United Provinces, visit of Commission to, 2;
village police in, 23 ; police establishment recom¬
mended for, 233.

Uniform, 62.

Vernacular languages, officers generally ignorant
of, 19; importance of knowledge of, 36.

Villages, grouping of two or more, under one head¬
man deprecated, 32.

Village Accountant, responsibility of, for report¬

138.

Records, police, 131.

Recruitment of superior officers, change in method
of, 12 ; defects of patronage system, 20 ; need for
reform, 37 ; of investigating officers by promotion
from ranks, condemned, 18 ; unpopularity of police
service with respectable classes, 19; of head con¬
stables, 42; of sub-inspectors, ib.; inspectors, 45 ;
assistant superintendents, 47; deputy superin¬
tendents, 50.

Reformation of criminals, 101.

Remands, undue grant of, 128; in Calcutta, 72.

Report, Police administration, statistics to be given
in, 190 ; to be prepared for financial year, 197 ;
weekly, to be sent by superintendents and assistant
and deputy superintendents, 198.

Reporting of Crime; ‘ See Crime, reporting of.’

Reputation, removal of officers of bad, 60.

Reserves, 57; in presidency towns and Rangoon, 71.

Review, periodical, of police work by Government of
India, 122.

Rewards payment of, to village headmen and watch¬
men, 26, 35 ; to police officers, 41, 117.

River Police, 75.

Select Committee of 1832, report of, 9.
.Sergeants, 58,63, 70.

ing crime, 32.

Village community, joint responsibility of, 4;
under Altbar, 5; failure of system, ib ; essential to
secure aid of, 22 ; responsibility of, in Burma, 28.

Village headman, his position in indigenous police
system, 4 ; representative of village community,
31; responsible for both revenue and police
work in village, ib. ; to have authority over village
watchman, ib, ; to be subordinate to district officer
and his assistants, 32 ; treatment of, by district offi¬
cers, 36 ; supervision of his work, 38 ; disposal of
petty cases by, in Madras, 23 ; in Bombay, 24 ; in
Punjab, 27; extension of system recommended,
35; reporting of crime by, 23, et seq.; careless
appointment of, in United Provinces, 25 ; grant of
rewards to, 26, 35; to be encouraged to send
reports of crime in writing, 103.

Village police necessity for, 22, 23 ; in Madras, 23;
in Bombay, 24 ; in Sind, ib. ; in United Provinces,
25 ; in Central Provinces, 26; _ in Punjab, ib. ; in
Berar, ib. ; in Burma, 27; in Assam, 28; in
Bengal ib.; should not be made subordinate
to regular police, 30. .

Village watchman, duties of, under indigenous
system, 4 ; to be the village servant and sub¬
ordinate to headman, 31, 33; duties of, 33; powers
of arrest to be enlarged, ib. ; appointment of members
of memal and criminal classes unobjectionable, ib. ;
creation of office of, need not be insisted on in

Index.

Assam, 28 ; methods of remunerating, 33; should
rot be required to attend at police station at fixed
periods, 34 ; grant of rewards to, 26, 35.

Warrant, arrest without, when not advisable, I08.

Watch and ward, not to be performed by railway
police, 73.

Watchman : See‘ Village watchman.

Witnesses, selection of, for examination by Police
Commission ; questions issued to, ib .; number ex¬
amined, 3; particulars for each province, 164 ;
obligation of, to give information to police, 116.

Zemindars, their place in indigenous police system,
4; neglect of their duties, 6, 29.

APPENDICES.

Page.

I. —Resolution appointing the Commission ... ... 161

II. —Particulars of witnesses and sittings ... ... 164

’III.—Training schools for constables ... ... ... 165

IV. —Provincial training schools ... ... ... 167

V. —The Madras Black Marks Rules ... ... ... 169

VI. —Draft rules for regulating the relations between the district

and railway police ... ... ... ... 170

VII, —Rules regarding the registration and surveillance of bad

characters ... ... ... ... 171

VIII.—Scheme of heat duty in towns ... ... ... 186

IX. —Police records in respect of which uniformity is desirable 187

X. —Tables for the Police Administration Reports ... ... 190

XI. —Police records and returns ... ... ... 198

XII.—Scheme of grading for Police Officers of and below the rank

of Superintendent ... ... ... ... 207

XIII.—Estimate of the number of police required in Madras ... 209

XIV.—

XV.—

XVI.—

XVII.—

XVIII.—

XIX.—

XX.—

XXI.—

XXII.—

XXIII.—

XXIV.—

XXV.—

in Bombay, includ¬
ing Sind

216

in Bengal

225

in the United Provinces 233

in the Punjab

240

in Burma

246

in the Central Provinces 251

in Assam

258

in the North-West
Frontier Province

261

in the Hyderabad
Assigned Districts

264

in Ajmer-Merwara

268

in Coorg

270

in the Civil and Mili¬
tary Station of
Bangalore

272

XXVI .—Part /.—Abstract shewing cost of Commission’s recommend¬
ations ... ... ... ... 275

Part //.—Abstract of present and proposed strength and cost

on account of pay of each rank of the police ... 276

INDEX.

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